The Supreme Court on Friday agreed to examine whether the preventive custody of a citizen violates his or her fundamental right.
A bench of justice P Sathasivam and justice BS Chauhan said they would take up the issue after Panthers Party chairman Bhim Singh asked the court to declare Anna Hazare's preventive custody as the violation of his fundamental right.
The bench, however, refused to go into an individual case and clarified it would delve into the larger picture. The court asked Singh if he had obtained Hazare's consent before approaching the court.
“Tomorrow, he (Hazare) may ask as to why you are interfering with my protest,” the bench remarked. It said the court would consider issuing notice on the petition on September 2.
The bench, however, declined to issue notice to Union home minister P Chidambaram and HRD minister Kapil Sibal for arresting Hazare on August 16.
Singh moved the SC challenging the detention and arrest of Hazare hours before he was to launch his fast. Singh, in his petition, had sought notices to Chidambaram and Sibal besides the Union home secretary and the Delhi Police commissioner.
The petition has alleged that the Centre and Delhi Police had “acted in a malafide manner” in arresting and detaining Hazare and stifling his fundamental right to free speech and liberty guaranteed under Articles 19, 21 and 22.