Section 26: Complaint may be filed

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1) A person who is arrested or detained, or anyone on his or her behalf, may file a petition in the Supreme Court, High Court, or District Court for the writ of habeas corpus.

2) If a person files a petition in more than one court, the petition filed in the higher court shall be maintained.

3) If a person commits or there is sufficient suspicion that he or she is going to commit any act in contravention of this Chapter, the person aggrieved from such an act may, for the enforcement of his or her right, file a petition in the High Court or District Court having territorial jurisdiction.

4) If it is found from an inquiry into the petition filed pursuant to sub-section (1) that the person has been arrested or detained against the law, the concerned court shall order the release of him or her immediately.

5) If it is found from inquiry in respect of the petition filed pursuant to sub-section (3) that the respondent has caused some damage or is about to cause damage to the petitioner’s right, the concerned court may issue an order requiring the respondent to refrain from committing, or causing to be committed, any act damaging the petitioner’s right, and where some act has already been committed, from committing, or causing to be committed, the remaining act, or to do any act.

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Section 26: Complaint may be filed

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