The Punjab and Haryana High Court on Monday issued notice to Punjab, its DGP –– among others –– on a habeas corpus petition alleging that Majitha resident Jobanpreet Singh was arrested without furnishing the written grounds of arrest in violation of constitutional safeguards and Supreme Court directions.
The notice came on his father Mukhwant Singh’s plea stating that the detainee had served as the election agent of an SAD candidate in the recently held municipal elections. He added that AAP lost the election. “The filing of the false FIR and the illegal arrest of the detainee are a direct and malicious consequence of the political rivalry arising from the election results, and constitute a gross abuse of the police machinery for political purposes,” he alleged.
In his petition placed before Justice Shalini Singh Nagpal’s bench, Mukhwant Singh sought directions to the respondents to produce Jobanpreet Singh and “release him from illegal and unconstitutional custody”.
Directions were also sought to declare illegal, void and unconstitutional his arrest in an FIR registered on May 30 at the Majitha police station.
The petitioner also asked for directions to the respondents to preserve and produce all video recordings, “CCTV footage and any other electronic evidence pertaining to arrest, concealment and detention of the detenue.”
His counsel submitted that the alleged detainee was arrested by the police in the early hours of May 31 without furnishing the written grounds of arrest in violation of Article 22(1) of the Constitution of India and the binding directions of the Supreme Court. He further submits that the detainee was produced before the Duty Magistrate, Amritsar, and “the state conceded no notice under Section 35 of Bharatiya Nyaya Sanhita and no grounds of arrest were furnished”.
Taking up the matter, Justice Nagpal issued notice of motion to the respondents. “Let reply be filed on or before the next date of hearing i.e. June 2,” the bench directed.
