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| Petition on Anna’s detention disposed off | | Bhim Singh calls it unfortunate | | EARLY TIMES REPORT
New Delhi, 2nd September, 2011:- Writ Petition filed by Bhim Singh for the unconstitutional and malafide detention of social activist Anna Hazare on August 16 was disposed off by a Division Bench of Supreme Court of India comprising JJ P. Sathasivam and Justice B.S. Chauhan today after hearing forceful and sparkling arguments of human rights lawyer, Bhim Singh.
Bhim Singh had raised three points that include 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 Bhim Singh told the court. Secondly, 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 and 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 Bhim Singh but observed that the issue is not closed and 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 Singh disposed off the case with a brief order. When the court enquired from Bhim Singh whether he had taken consent from Hazare, 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 Court in the past five decades.
He said this is public interest and that does not oblige him to take consent from the victim".
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