The Supreme Court on Friday decided to look into the alleged “illegality” in arresting Gandhian Anna Hazare 10 days ago by Delhi police near his residence where no prohibitory order was in force and sending him to Tihar jail ahead of the commencement of his fast on Jan Lokpal Bill issue.
Though the apex court refrained from issuing notice to the Union home ministry and the Delhi police at this stage on a PIL filed by former MP and Panthers Party president Bhim Singh as the court first asked him to drop the names of home minister P. Chidam-baram and HRD minister Kapil Sibal from the list of respondents.
A bench of Justices P. Sathasivam and B.S. Chauhan also expressed the apprehension whether Gandhian crusader would approve the action of Bhim Singh to move the court without his “consent”.
The bench reminded Mr Singh that Mr Hazare might even question his filing the petition as to why he has chosen to “interfere” in his right to protest without his prior permission.
However, when Mr Singh pointed out that he has raised a general question of violation of the citizens’ right to protest and the freedom of speech, the apex court agreed to go into the these question purely on the parameters of Constitution.
Mr Singh in his PIL questioned the arrest of Mr Hazare on August 16 from near his temporary residence in Mayur Vihar’s Supreme Enclave area when he was preparing to go to the JP Park to sit on dharna, which the police earlier had identified as a venue for his protest but suddenly had imposed prohibitory orders under Section 144 CrPC in and around the park.