Constitutional Redress application by Dutt dismissed
February 15, 2018 1:18 am
The Lautoka high court has dismissed an application for a constitutional redress by Deshwar Kishore Dutt who escaped from lawful custody in Nadi last year.
Dutt applied for constitutional redress on the grounds that he was arrested by police on May 24th last year and was detained in custody without any charges for nine days.
He was charged with one count of aggravated robbery on June 2nd last year.
In his application, Dutt claimed that his constitutional right to be brought before a court within 48 hours or as soon as possible was violated when the police detained him for more than nine days without any charges.
He also claimed the police station cell he was detained in was filthy, beddings were old and dirty, he was not provided warm clothes during cold nights and was served cold meals.
He also claimed that he was assaulted by police officers during the interrogation.
However, the State made an application to strike out the redress application on the grounds that the applicant has not exhausted the alternative remedies.
Lautoka High Court Judge Justice Daniel Goundar in his ruling said that the redress sought by Dutt is either an exclusion of the evidence obtained as a result of the alleged breach of the Constitution or a dismissal of his criminal charges.
Justice Goundar said the relief sought by Dutt is misconceived as he has a trial pending in the Magistrates court.
The Judge added that Dutt is facing a serious criminal charge and the facts and circumstances surrounding his arrest and detention are disputed facts.
Justice Goundar said the correct forum to challenge the alleged breach is at the trial court and that adequate remedies are available to Dutt.