QUEENS BENCH DIVISION
London, WC2A 2LL
B e f o r e :
| THE QUEEN ON THE APPLICATION OF GURKIRAT SINGH DHANOTA||Applicant|
|- and -|
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT & OTHERS||Respondent|
Smith Bernal Wordwave Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Adam Robb (instructed by the Treasury Solicitor) for the Defendant
AS APPROVED BY THE COURT
Crown Copyright ©
Mr Justice Newman:
"I am driven to conclude that the applicant's conduct in these matters has the hallmarks of that of a vexatious litigant. The pattern of these applications indicates an attempt to use the Court process not for proper and legitimate reasons, but rather for the purpose of abuse of the process in order to pursue numerous and repetitive allegations and arguments most of which, if not all, are wholly lacking in any arguable merit."
(1) he has been refused permission to have them;
(2) if he had them he has insufficient hardware to access them.
It seemed desirable to investigate the facts. Their whereabouts is unclear. The way forward, which I intimated at the hearing, is that as and when the applicant has arranged for delivery to the prison, then the defendant should arrange for facilities enabling access to them to be granted to the applicant. He can then ascertain which are required for legal purposes and where he does so, have possession. This process is likely to give rise to contention as to the medium in which he should have the material and to the compatibility of his equipment, but the court cannot provide a detailed mode of operation. The outcome must bide events. The material will have to be searched in the applicant's presence.
In the light of the above there is uncertainty as to how far the applicant requires further assistance from the court in connection with this application. He should therefore consider:
(1) whether or not he should withdraw his application;
(2) if not, identify which of his complaints subsist in the light of the directions and concessions recorded above, so that the single judge can consider the up to date position on the papers.
(1) that the database to which the system gives rise is illegal;
(2) that there has been a breach of PSO 4400 (Chapter 4)
(3) infringements of Articles 8, 6, 13 and 14 of the Convention
(4) that the Data Protection Act applies.
He emphasises that the call announcement feature of the PIN system is not in issue.
On 26 July 2001 the applicant received an apology from the Governor of Long Lartin in connection with a statement about the applicant as "heavily involved with the supply of drugs within prison….." being "…. A well connected drug dealer" who "….had attempted to bribe a prison officer….". The statement had been made in support of an application for him to be handcuffed at court. The Governor states: "There is no evidence of this and therefore the statement should not have been made".