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Additionally, limiting remedies to tort actions
may preclude the availability of criminal prosecutions for a violation of the Bill of Rights. The commentary states that "a breach of the Bill of Rights is not a crime but a civil wrong called a tort." Commentary, Paragraph 18 at 5. An action grave enough to constitute a crime, even though it also falls under the protective umbrella of the Bill of Rights, should be actionable as a crime.
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(2)
fully available, that person may apply to the High court for redress.
The High Court shall have original jurisdiction (a) to hear and determine any application made by any person in pursuance of subsection (1) of this section: and
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section, and may make such orders, issue such writs, and give such directions as it may consider appro- priate for the purpose of enforcing or securing the enforcement of any of the foregoing provi- sions of this Part to the protection of which the person concerned in entitled:
Provided that the High court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.
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