Mr. Sanjay owned a small factory in Pune. In 2023, he was fined ₹50,000 by the Pollution Control Board for releasing untreated waste water into a nearby river. At that time, the law was to fine for such violations. Sanja
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2025
Mr. Sanjay owned a small factory in Pune. In 2023, he was fined ₹50,000 by the Pollution Control Board for releasing untreated waste water into a nearby river. At that time, the law was to fine for such violations. Sanjay paid the fine and the case was closed. In 2024, the State Legislature amended the Environmental Law. Now the same offence carries mandatory imprisonment of one year along with fine. The authorities reopened Sanjay's old case and issued a warrant for his arrest under the new law even though the offence took place before the change. Police took Sanjay into custody and kept him in the police station for three days without producing him in front of a magistrate. During questioning, the officers forced him to give thumb impression and voice sample, arguing that it did not require his consent as they were not 'statements'. Sanjay was suffering from severe asthma. While in custody, he had a serious asthma attack but no proper medical care was provided. He collapsed finally before being taken to a hospital. Sanjay's family went to the High Court pleading that his fundamental rights under Article 20, 21 and 22 of the Constitution were violated. The State pleaded that the new law was necessary for public interest and environmental safety. Based on the above situation answer the following questions: (v) If Sanjay's family directly approaches the High Court against his detention, what is the remedy available to them?
Answer & Explanation:
Under Article 226 of the Constitution of India, the High Court has the power to issue writs for the enforcement of fundamental rights, including the right to life and personal liberty guaranteed under Article 21. In the case of illegal detention, the court can issue the writ of habeas corpus directing the authorities to produce Sanjay before the court and justify his detention. If the detention is found to be unlawful, the High Court may order his immediate release. Thus, Sanjay's family can directly approach the High Court against his detention for the remedy by filing a Writ Petition under Article 226.
Topics: Constitutional Law
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