the court held that the PIL is maintainable even if it is filed by theappellant with the purpose of removing all the criminal charges against the him and hisfamily as it deals with a public issue, also in the matter Anil Kumar Vermav. U.P. State Industrial Development Corporation Ltd10the court in the same lines held that aPIL even if filed by the relatives of the aggrieved is maintainable provided that the matterpertains to a public issue. Moreover the United Nations Institute for Training and Research’s(UNITAR) UNOSAT Global Report on Maritime Piracy11clearly show the increase in piracyincidents and how major this is a threat in the Western Indian Ocean majorly to IndiaWHETHER NON-INTERVENTION FROM THE PART OF GOVERNMENTAMOUNTS TO THE INFRINGMENT OF THE FUNDAMENTAL RIGHT OF THEDETAINEES UNDER ARTICLE 21?92005 GLH (1) 373102014 (8) ADJ 15211UNOSAT Global Report on Maritime Piracy “a geospatial analysis 1995-2013”, published:2014 ; page 9, figure 3.10 | P a g e
The Article 21 of the Constitution of India reads as:“No person shall be deprived of his life or personal liberty except according toprocedure established by law”Thus according to the article no one shall be deprived of their personal liberty and thereforeunlawful detainment is violation of Article 21.Moreover the counsel would like to highlight the fact that the petitioner never askedRespondent No.1 to pay $8 million to the pirates, instead the petitioner has only asked thethem to intervene and to ensure safe return of the detainees via its political policies andauthorities that is vested in them (which is discussed in detail in the next issue) as it has donein many rescue missions, thus the question of paying $8 million has never been the issue andhence the argument put forward by Respondent No.1 in the facts of the matter is not relevant.In the matter of Sunil Fulchand Shah v. Union of India12the Apex court held that:“But where individual liberty comes into conflict with an interest of the security of thisstate or public order, the liberty of the individual must give way to the larger interest ofthe nation”Also in the matter of Rohit Shekhar v.Shri Narayan Dutt Tiwari and anr.13the Hon’ble HighCourt of Delhi in a matter pertaining to Article 21 held that:“There shall be no interference by a public authority with the exercise of this right exceptsuch as is in accordance with the law and is necessary in democratic society in theinterests of national security, public safety or the economic well being of the country, forthe prevention of disorder or crime, for the protection of health or morals or for theprotection of the rights and freedoms of others.”The above two judgements clearly mentions that public order is foremost and public interestand public safety should be the primary concern thus to not intervene in the matter is a clearcut violation of the public safety as piracy is a real threat to the public order and it’s threat is
You've reached the end of your free preview.
Want to read all 13 pages?
Government, Supreme Court of the United States, Somalia, Union of India
As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.
Temple University Fox School of Business ‘17, Course Hero Intern
I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.
University of Pennsylvania ‘17, Course Hero Intern
The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.
Tulane University ‘16, Course Hero Intern
Stuck? We have tutors online 24/7 who can help you get unstuck.
Ask Expert Tutors
You can ask
You can ask
You can ask
(will expire )