JUDGMENT :

Rajiv Sharma, J.

1. King John was forced to sign the Magna Carta in 1215 and it was demanded that: "Ne Corpus liberi hominis capiatur nec imprisonetur nec dissaisetur nec utlagetur nec exuletur nec aliquot modo destruator nec vex eat vel mittat super eum vi nisi per judicium parium suorum vel per legem terre" which means, "No free man shall be taken, or imprisoned or disseised or outlawed or banished or any ways destroyed, nor will the King pass upon him or commit him to prison, unless by the judgment of his peers or the law of the land. In the petition of grievances, 1610, it was stated thus:

Among many other points of happiness and freedom which your Majesty's subjects have enjoyed under your royal progenitors, there is none which they have accounted more dear and precious than this, to be guided and governed by the certain rule of law,....and not by any arbitrary form of government... Out of this root hath grown the indubitable right of the people of this kingdom, not to be made subject to any punishment... other than such as are ordained by the common laws of this land, of the statutes made by their common consent in Parliament.

2. Petitioner No. 2 was working as a Guid