Thaindian News

New Delhi, Aug 26 (IANS) The Supreme Court Friday adjourned hearing on a plea seeking to declare the preventive arrest of activist Anna Hazare on Aug 16 as a violation of his fundamental rights.

An apex court bench of Justice P. Sathasivam and Justice B.S. Chauhan adjourned the hearing observing that the petitioner, National Panthers Party chairman Bhim Singh, should obtain Hazare’s consent before the matter of his arrest could be considered by the court.

At the outset of the hearing, the court told Bhim Singh that his first prayer seeking the release of Hazare had become infructuous as he has already been set free.

Bhim Singh contended that his plea was not confined only to Hazare’s arrest but also to similar detentions by the police in the country as he too has suffered such detentions. He said that police does not follow legal norms.

The court said that it had already dealt with this issue in their judgment last week.

As Bhim Singh pressed his point that the police was resorting to preventive arrest even in the absence of orders by the magistrate and he was talking of the civil liberties of the entire nation, the court said it was not saying that the issue was not material but it will not issue the notice unless there was consent of Anna Hazare on record.

The court, while reiterating its position that it would issue notice provided the petitioner could get his consent, asked Bhim Singh “what if Anna Hazare was to say that he was comfortable and fine”.

The court asked Bhim Singh to ascertain the wish of Anna Hazare.

The bench also observed that there was no need to issue notice to Home Minister P. Chidambaram and Human Resource Development Minister Kapil Sibal. The case will now come up for hearing next week.