The state has filed a summons in the High Court to strike out the writ of habeas corpus filed on behalf of the deported Fiji Times Publisher Evan Hannah last week.
Solicitor General Christopher Pryde said they believed the case should not proceed as Hannah is not being detained by any state authority.
Pryde said Hannah must seek redress through separate actions if he wishes to do so.
However, Hannah's Lawyer John Apted said they will strongly oppose the motion as they believe that Hannah detention must be looked into by the court.
In court, High Court Judge Justice Filimoni Jitoko stressed that there seems to be an apparent misconception on the writ of Habeus corpus which requires the detainee to be produced in court by the respondants to clarify the detention.
Judge Jitoko said no court could hide away from accepting a writ of habeus corpus which is a fundamental right of the weak to protect themselves against the powerful and the court must safe guard the personal liberties of individuals.
The case is adjourned till next Thursday and Judge Jitoko has indicated that he will hear arguments on the effective service of court order issued by him to stop Hannah's deportation and also on the motion to strike out the case.
Meanwhile, also present in court this morning were the Director of Immigration Commander Villiame Naupoto and Permanent Secretary for Defence and Immigration Malakai Tadulala and their affidivits were presented to the Judge.
State Files Summons in High Court
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