Saturday, 19 April 2014

Is not the Supreme Court of India violating Subrata Roy's constitutionally guaranteed right to liberty by keeping him in judicial custody until he repays money due by his firms to creditors?

Article 21 of the Constitution of India guarantees that "No person shall be deprived of his life or personal liberty except according to procedure established by law". 

The Supreme Court of India is not following the procedure established by law to recover money from Sahara companies. 

They should first convict Subrata Roy, find him guilty of fraud and personally liable for his companies' dues. Then they should seize all his and Sahara's assets (including benami assets) and auction them. 

Taking away a person's liberty is not a recovery method (for moneys due) prescribed under Indian law.  

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