SC declines to hear plea against Hazare's arrest

New Delhi, Sep 2 (PTI) 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.