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represented by a legal practitioner of
his own choice.
(2) On any review by a tribunal in pursuance of
this section of the case of a detained person, the tribunal may
make recommendations concerning the necessity or expediency
of continuing his detention to the authority by which it was
ordered but, unless it is otherwise provided by law, that
authority shall not be obliged to act in accordance with any
such recommendations.
(3) Nothing contained in paragraph (d) or (e) of
subsection (1) of this section shall be construed as entitling a
person to legal representation at public expense.
Enforcement of
protective
provisions.
41. (1) If any person alleges that any of the
provisions of sections 26 to 40 (inclusive) of this Constitution
has been, is being or is likely to be contravened in relation to
him (or, in the case of a person who is detained, if any other
person alleges such a contravention in relation to the detained
person), then, without prejudice to any other action with respect
to the same matter that is lawfully available, that person (or that
other person) may apply to the High Court for redress.
(2)
jurisdiction -
The
High
Court
shall
have
original
(a)
to hear and determine any application
made by any person in pursuance
of subsection (1) of this section; and
to determine any question arising in
the case of any person which is
referred to it in pursuance of
subsection (3) of this section,
(b)
and may make such declarations and orders, issue such writs
and give such directions as it may consider appropriate for the
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