1997 for an indefinite period.
He applied for a writ of habeas corpus
subjiciendum and also argued that the President had abused his powers in
to declaring a State of emergency as the facts on the ground did not
justify the declaration.
231.
In obiter, the Court observed that toppling a democratically elected
Government by mutiny, force or other undemocratic means was a very
grave situation which called for the proclamation of a State of emergency
in the country.
232.
The Court held that it had no jurisdiction to inquire into the reasons or
discretion of the President in declaring a State of emergency. It also held
that the detention or imprisonment of the appellant could not be legally
justified, hence his application was granted.
C.
ADMINISTRATIVE MEASURES
233.
In order to avoid over detention of suspects and to ensure expediency in
dealing with cases; Magistrates have developed a procedure obliging
police officers to table a book known as the “Arrest and Prisoners’
Property Book” (APPB) weekly. The APPB keeps a record of all suspects
kept in police custody and informs the Magistrate of the status of the
suspect.
By this measure the Magistrate is able to check and compel
police officers to bring suspects timely to court.
234.
The HRC and PPCA as already stated continue to offer administrative relief
to victims of violations of human rights.
101