Seek Anna’s nod, SC tells anti-arrest petitioner

The Supreme Court today adjourned hearing till next week on a petition challenging Anna Hazare's arrest on 16 August - hours before he launched his fast against corruption – on the ground that it was a violation of his fundamental rights.

A bench of justices P Sathasivam and B S Chauhan said it is inclined to consider the question whether Anna's detention or arrest was unconstitutional or illegal; but asked petitioner Bheem Singh to seek Hazare's consent and find out whether he himself is keen on pursuing the matter.

Bhim Singh, National Panthers Party Jammu & Kashmir chairman, wants notices to be sent to union ministers P Chidambaram and Kapil Sibal and the Delhi Police Commissioner for violating Anna's fundamental rights. However, the bench observed that there was no need to issue notices to the two ministers.

Singh in his petition alleged that the Centre and Delhi police had "acted in a malafide manner" to arrest and detain Anna Hazare, stifling his fundamental right to free speech and liberty guaranteed under Articles 19, 21 and 22 of the Constitution.

He accused the police of invoking CrPC provisions of 107/151 to detain Hazare for merely espousing the cause of a strong jan lokpal bill for an anti-corruption watchdog.

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 a detention.

He had filed the petition soon after Hazare's arrest, also seeking physical production of the activist through a habeas corpus plea. But since Hazare was released by the government subsequently, the plea for his production has become infructuous.