" Anyone who 1s deprived of his liberty by arrest or detention shall be entitled to take
proceedings before a Court, in order that Court may
decide without delay on the
lawfulness of his detention and order his release if the detention is not lawful."
The act of applying for bail is thus a fundamental right of any person arrested
and detained by a State or its Agents.
The facts of this case as presented by the Applicant has been summarized above.
His contention here is that he applied for and was granted bail by the Courts
before which he was arraigned. On satisfying the bail conditions he was ordered
to be released from custody. He then applied for and was granted leave to travel
for medical treatment but was not able to do that because the Agents of the
Defendant barricaded all entrances and exits to and from his house. He was
subsequently rearrested on fresh charges and arraigned before a high Court.
Again he applied for and was granted bail on conditions which he fulfilled. He
was again ordered to be released but the defendants agents intercepted him in the
prison and detained him in undisclosed location in complete disregard of the
Court Order.
The Applicant is now asking this Court to declare his arrest and detention as
unlawful and arbitrary and a violation of his human rights to personal liberty and
security.
The
concept of arbitrariness under Article 9 of UDHR
has been
severally
examined with a consensus that it imposes a larger international standard on the
context
of the
domestic
laws
providing
both
substantive
and
procedural
protection from arrest and detention.
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