The Supreme Court on Thursday agreed to examine whether the government violated fundamental right of a citizen by taking Anna Hazare into preventive custody on August 16.
A bench of justices P Sathasivam and B S Chauhan, however, declined to issue notice to union home minister P Chidambaram and HRD minister Kapil Sibal for the incident.
The apex court passed the direction while posting to September 2 the writ petition filed by J&K Panthers Party chief Professor Bhim Singh.
The apex court sought to clarify that it would go into the larger issue as to whether a citizen's fundamental right is violated and was not confining it to Hazare.
The bench asked Singh as to whether he obtained the consent of Hazare before filing the petition.
"Tomorrow he (Hazare) may ask as to why you are interfering with my protest," the bench remarked.
The apex court further clarified that it had laid down the law relating to preventive detention under section 107/151 of CrPC.