September 2nd, 2011 11:20 EST
Bhim Singh Calls it Unfortunate: Anna Hazare's Detention
Writ Petition filed by Prof. Bhim Singh for the unconstitutional and malafide detention of social activist Anna Hazare on 16th August, 2011 was disposed off by a Division Bench of Supreme Court of India comprising JJ Mr. P. Sathasivam and Justice Mr. B.S. Chauhan today after hearing forceful and sparkling arguments of human rights lawyer, Prof. Bhim Singh. Prof. Bhim Singh had raised three points namely,
1). Whether a junior Executive Magistrate has judicial power to send a person arrested by the police u/s. 107/151 even when there is no occasion or complaint that he was likely to commit cognizable offence. This was an exactly the situation Prof. Bhim Singh told the court.
2). Secondly, Prof. Bhim Singh submitted whether a person arrested u/s. 151 without any complaint could be dispatched to judicial lock-up for seven days when the operation of section 151 of Cr.P.C. cannot extend beyond 24 years.
3). Thirdly, human rights activist argued whether a person against whom the judicial remand is quashed by the same Executive Magistrate could be lodged in the judicial lock-up for four days after the quashing of his judicial remand order?
The Supreme Court Bench heard Prof. Bhim Singh with great attention but observed that the issue is not closed and Prof. Bhim Singh, next time with these issues. The court observed that there were several lawyers in Anna`s team and none of them preferred coming to the court. However the court after hearing Prof. Bhim Singh disposed off the case with a brief order. When the court enquired from Prof. Bhim Singh whether he had taken consent from Mr. Hazare, Prof. Singh submitted, "If I would do that, it shall demolish the entire jurisprudence relating to civil liberties and Article 21 of the Constitution of India scripted by this Hon`ble Court in the past five decades. He said this public interest and that does not oblige him to take consent from the victim".
Prof. Bhim Singh told the court that this was unfortunate that such a serious matter has not been heard by this Hon`ble Court which may leave a dangerous precedent which will help echelons of power in near future to mutilate the mandate of the Constitution and squeeze the civil rights as the governments have been doing in the past. Prof. Bhim Singh submitted that he himself has been the victim of the power that be for 50 years.
Each time this Hon`ble Court came to his rescue from the tyranny of the power house. He reminded the court that in a last week judgment this Hon`ble Court had quashed detention of a person arrested u/s. 107/151 of Cr.P.C. and has held that no person can be arrested and detained under this section unless there is a sufficient proof that the said person was likely to commit a cognizable offence. He told the court that he did not accept the decision of the court yet he has no alternative but to accept the order of this Hon`ble Court.
Sudesh Dogra, Political Secretary