Goundar dismisses Dutt’s redress application
Deshwar Kishore Dutt had his constitutional redress application dismissed in the High Court in Lautoka on Valentine’s Day.
Dutt submitted in his application that he was arrested by the Police on May 24, 2017 and was detained in custody for nine days without charge till June 2, 2017 when he was charged with aggravated robbery.
He said this contravened Section 13 (I) (f) of the Constitution.
Dutt stated in court that he was assaulted by Police officers during his caution interview and was made to live in an oppressive cell condition during his detention. He submitted that the use of force by the Police and the oppressive cell conditions contravened Section 11 (1) of the Constitution. Furthermore he said incriminating evidence was obtained during his prolonged detention, which he sought to exclude on the ground that the evidence was unlawfully obtained in contravention of his constitutional rights.
Lawyers for the respondents, Josefa Mainavolau, sought for the application to be struck out on the grounds that it disclosed no reasonable cause of action and that it was an abuse of the court process. Mr Mainavolau said there were existing alternative remedies, which had not been exhausted by Dutt.
In his decision, Justice Daniel Goundar said the only exception to the applicant’s first claim was if presentation in court within 48 hours of arrest was not reasonably possible than the person arrested should be presented as soon as possible thereafter.
Justice Goundar said the relief sought by Dutt was misconceived.
He said the applicant was facing a serious criminal charge and his trial was pending in the Magistrates Court. “The facts and the circumstances surrounding the applicant’s arrest and detention are disputed facts.
“The correct forum to challenge the exclusion of evidence on the ground of an alleged breach of the Constitution is the trial court,” Justice Goundar said. The court dismissed Dutt’s application and told him that alternative remedies were available to him.