Even as advocate Prashant Bhushan decided not to move the Supreme Court on Anna Hazare's arrest for the time being, Bhim Singh, executive chairman of the Jammu and Kashmir State Legal Aid Committee, on Wednesday filed a writ petition questioning the propriety of the Delhi Police in taking the social activist into preventive custody from his Mayur Vihar residence on Tuesday morning.
Prof. Singh contended that the arrest without warrant invoking Section 151 of the Criminal Procedure Code was illegal and unjustified and remand under Section 107 of the Cr.P.C. was also illegal and unconstitutional. He said Mr. Hazare's intention to go on a fast could never be reason for apprehension of breach of peace, warranting preventive custody. He sought a direction to declare Mr. Hazare's arrest and detention as violative of Articles 19, 21 and 22 of the Constitution as well as under the provisions of Sections 151 and 107 Cr.P.C.