SC declines to hear plea against Hazare arrest
New Delhi: The Supreme Court today declined to entertain a plea challenging the August 16 arrest of Anna Hazare hours before he was to begin his fast demanding a strong Lokpal.
A bench of justices P Sathasivam and B S Chauhan said it would not be proper for the court to entertain the PIL when none of the aggrieved persons were before the court.
The bench said that it may not be proper for it to issue any notice to the government as the issue preceding the arrest has been amicably resolved.
The bench, however, clarified that as and when Hazare or other members of his team want to move the court they would be at liberty to approach it and accordingly, the bench kept the question of law open on the issue.
"At this juncture, is there any need to go into the issue because both the parties have peacefully resolved the issue.
"Supposing Anna Hazare says I am comfortable and why are you going into the issue again then what can we say," the bench asked the petitioner and senior counsel professor Bhim Singh.
The apex court was not convinced with Singh`s argument that the arrest involved not only the violation of fundamental rights of the protesters but encompassed a larger issue of violation of the Article 21 (Right to life and liberty).
The bench pointed out that since the issue of Article 21 and CrPC provision 151 (arrest to prevent the commission of cognizable offences) and 107 (security for keeping the peace in other cases) have been elaborately dealt by the apex court, there was no need to examine the issue afresh. MORE PTI RB UPT RAX