New Delhi:
The Supreme Court today declined to entertain a PIL against the arrest of Anna Hazare by the Delhi Police, 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 also 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.
The court however also told the PIL petitioner Bhim Singh that if any of the affected persons (either Anna or his associated who had been arrested) come to court then the issue would be considered.
The petitioner had argued that the arrest of Anna and his associates was illegal and was against their fundamental rights. However, 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 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.
The court said, "Several statements have been made by the police and by some ministers. They have explained their position. Our judgment on preventive custody is already there. We leave aside the question of law."
The court thus dismissed the petition.
(With PTI inputs)