India, Jan. 12 -- Article 21 of the Indian Constitution states in straightforward, explicit language, "Protection of life and personal liberty - No person shall be deprived of his life or personal liberty except according to procedure established by law."

The expression 'procedure established by law' means a procedure laid down by a statute or a procedure prescribed by the law of the State. Accordingly, firstly, there must be a law justifying interference with the person's life or personal liberty; secondly, the law should be valid; and thirdly, the procedure laid down by the law should have been strictly followed.

The Executive, in the absence of any procedure prescribed by law for sustaining the deprivation of personal liberty, shall ...