Enforcement of 37.
protective
provisions
(1)
If any person alleges that any of the provisions of
section 18 to 33 or section 36 (5) of this Chapter has
been, is being or is likely to be contravened in
relation to himself or herself by any person he or
she may apply to the High Court for redress.
(2)
An application may be made under this section in
the case of a person who is detained by some other
person acting on the detained person’s behalf.
(3)
An application under this section shall be without
prejudice to any other action with respect to the
same matter which is lawfully available.
(4)
If in any proceedings in any court subordinate to the
High court any question arises as to the
contravention of any of the provisions of the said
sections 18 to 33 or section 36(5), that court may,
and shall if any party so requests, refer the question
to the High Court, unless, in the opinion of the
subordinate court, the raising of the question is
merely frivolous or vexatious.
(5)
The High court shall(a)
(b)
hear and determine any application made by
any person pursuant to subsection (1) or (2);
determine any question arising in the case of
any person which is referred to it in
pursuance of subsection (4); and may, in
addition to the powers conferred on it by
section 5 (which relates to defense of the
Constitution) make such order, issue such
writ, and give such directions as it may
consider appropriate for the purposes of
enforcing or securing the enforcement of
any of the provisions of the sections 18 to 33
or section 36(5) to the protection of which
the person concerned is entitled.
Provided that the High court may decline to
exercise its powers under this subsection if it is
satisfied that adequate means of redress for the
contravention alleged are or have been available to
the person concerned under any other law.