A critical review on the Supreme Court rulings regarding deprivation of liberty

Abstract

This study was conducted This study was primarily conducted to come up with a content analysis of cases decided by the Supreme Court from year 2013 to present. The focus of the selected cases decided by the Supreme Court will be on issues tackling deprivation of liberty. This descriptive qualitative research used by the researcher was aimed in knowing what constitutes deprivation of liberty according to the cases decided by the Supreme Court from year 2013 to present. Further, this study was conducted to ascertain the common acts that led to deprivation of liberty according to the cases decided by the Supreme Court from year 2013 to present. The researcher studied fifteen cases decided by the Supreme Court from the period of 2013 to present. These cases were chosen because of the issues being resolved therein, issues that relate to the deprivation of liberty of a person. The cases were then grouped according to the acts being performed. Among the acts mentioned by the Supreme Court which constitutes deprivation of liberty, the act of restraining a person physically by detaining him without legal grounds and against his will committed by a private individual and a public officer constitute highest number that were decided by the Supreme Court which consists ten out of fifteen cases. Next action is the act of curtailing a person’s right in availing of due process which led to gross injustice on the right to liberty of a person with three decided cases from the Supreme Court. Last was deprivation of liberty with the use of fraud or machination with two cases decided by the Supreme Court.