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Girl trafficked to Bangladesh rescued after Calcutta High Court intervention; Article 32, 226 lifeblood of Constitution, says HC

The Court noted that human trafficking inflicts a particularly devastating blow to the life and liberty of victims by violating the rights enshrined in Article 21 of the Constitution.

However, territorial and other limitations cane be easily defeated in the face of an overwhelming determination of find suitable solutions, the Court said.

State counsel Srisanya Bandhopadhyay submitted that this might be the first time he has seen exercise of jurisdiction under Article 226 to recover a trafficked victim from a foreign country.

The Court then emphasised on using Article 226 powers to the fundamental right under Article 21.

“More importantly, the writ jurisdiction of the High Courts being wider than that of the Supreme Court places on its shoulders added responsibilities under the constitutional scheme. This Court under Article 226 is thus bound by an indispensable duty to exercise all the powers vested on itto ensure the exercise of all possible efforts to protect the Fundamental Rights of citizens,” the order said.

The exercise of jurisdiction under Article 226 must be used in every new and ingenious manner to protect and afford the remedies under Article 21, the order added.

“This Court hopes that this will set a precedent for future cases where Courts or other authorities feel helpless and tied down by such similar difficulties. In the words of two famous people, ‘It always seems impossible until its done,’, and ‘Perseverance is not a long race: it is many short races one after the other’,” the judge said.

Source: Barandbench

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