THE LAWFILE

Hazare’s detention: SC agrees to examine violation of right

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The writ petition was filed by Singh challenging the detention and arrest of Hazare on August 16 hours before he was to launch his fast against corruption.Singh, in his petition, had sought notices to Chidambaram and Sibal besides the Union Home Secretary and the Delhi Police Commissioner.In his petition, Singh has alleged that the Centre and Delhi Police had “acted in a malafide manner” to arrest and detain Hazare and stifling his fundamental right to free speech and liberty guaranteed under Articles 19, 21 and 22.He has accused the police of invoking CrPC provisions of 107/151 to detain Hazare for merely espousing the cause of a strong Jan Lokpal Bill and weeding out corruption from the country.He urged the court to declare Hazare’s detention as “unconstitutional” and “violative of his fundamental rights” guaranteed under the relevant provisions of the Constitution.Singh, who had filed the petition at the time of Hazare’s August 16 arrest, had also sought physical production of the Gandhian through the habeas corpus (production) plea.But since Hazare was released by the Government subsequently, the plea for his production has now become infructous.

COURTESY: IBN Live

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