the court held that the PIL is maintainable even if it is filed by the

The court held that the pil is maintainable even if

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the court held that the PIL is maintainable even if it is filed by the appellant with the purpose of removing all the criminal charges against the him and his family as it deals with a public issue, also in the matter Anil Kumar Verma v . U.P. State Industrial Development Corporation Ltd 10 the court in the same lines held that a PIL even if filed by the relatives of the aggrieved is maintainable provided that the matter pertains to a public issue. Moreover the United Nations Institute for Training and Research’s (UNITAR) UNOSAT Global Report on Maritime Piracy 11 clearly show the increase in piracy incidents and how major this is a threat in the Western Indian Ocean majorly to India WHETHER NON-INTERVENTION FROM THE PART OF GOVERNMENT AMOUNTS TO THE INFRINGMENT OF THE FUNDAMENTAL RIGHT OF THE DETAINEES UNDER ARTICLE 21? 9 2005 GLH (1) 373 10 2014 (8) ADJ 152 11 UNOSAT Global Report on Maritime Piracy “ a geospatial analysis 1995-2013 ”, published:2014 ; page 9, figure 3. 10 | P a g e
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The Article 21 of the Constitution of India reads as: “No person shall be deprived of his life or personal liberty except according to procedure established by law” Thus according to the article no one shall be deprived of their personal liberty and therefore unlawful detainment is violation of Article 21. Moreover the counsel would like to highlight the fact that the petitioner never asked Respondent No.1 to pay $8 million to the pirates, instead the petitioner has only asked the them to intervene and to ensure safe return of the detainees via its political policies and authorities that is vested in them (which is discussed in detail in the next issue) as it has done in many rescue missions, thus the question of paying $8 million has never been the issue and hence 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 India 12 the Apex court held that: “But where individual liberty comes into conflict with an interest of the security of this state or public order, the liberty of the individual must give way to the larger interest of the nation” Also in the matter of Rohit Shekhar v.Shri Narayan Dutt Tiwari and anr. 13 the Hon’ble High Court 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 except such as is in accordance with the law and is necessary in democratic society in the interests of national security, public safety or the economic well being of the country, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.” The above two judgements clearly mentions that public order is foremost and public interest and public safety should be the primary concern thus to not intervene in the matter is a clear cut violation of the public safety as piracy is a real threat to the public order and it’s threat is
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  • Fall '20
  • john
  • Government, Supreme Court of the United States, Somalia, Union of India

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