High Court Intervenes in Controversial Detention Case
The Punjab and Haryana High Court has taken serious note of a disturbing case where the Kurukshetra police detained a man based on a complaint filed by a person who had died months earlier. Justice Suvir Sehgal's bench has issued formal notices to the Haryana government, demanding a comprehensive explanation for this questionable preventive detention.
The court has specifically directed the state authorities to clarify the circumstances surrounding the detention of Pala Ram, a 46-year-old resident of Indira Colony in Thanesar, and provide detailed documentation about the timeline followed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT NDPS) Act, 1988.
The Arrest and Legal Challenge
According to the petition filed through Advocate Arun Gupta, Pala Ram was arrested from his home on June 19 by officers from the Krishna Gate Police Station while he was sleeping. The petition describes the arrest as illegal, claiming he was taken without any prior intimation or proper justification.
The legal challenge seeks to quash three critical orders: the initial detention order dated May 28, the rejection of his wife's representation on July 28, and the confirmation of his six-month detention on September 8.
Court documents reveal that Ram had been on bail in two ongoing NDPS cases (FIRs 366 of 2021 and 605 of 2024) since April 2022 and December 2024 respectively. Importantly, no narcotics were recovered from him in either case. He had previously been acquitted in two other cases (FIRs 171 of 2016 and 241 of 2020) and had served sentences in three cases involving small quantities of ganja.
The Dead Man's Complaint
The most shocking aspect of this case centers around the primary evidence used to justify Ram's detention. The detention relies heavily on a complaint dated February 6, 2025, filed by one Ram Singh, who allegedly accused Pala Ram of involvement in narcotics trafficking.
However, the petition presents compelling evidence that Ram Singh had actually died on November 8, 2024 - nearly three months before the complaint was supposedly filed. The cremation was conducted at Manav Sewa Samiti in Kurukshetra, with proper documentation available to substantiate this claim.
The petition argues that this complaint was clearly fabricated and planted by the police, rendering the entire detention process mala fide and a serious violation of Article 21 of the Constitution, which guarantees the right to life and liberty.
Procedural Lapses and Health Concerns
The case reveals multiple procedural irregularities. Ram's wife had submitted a detailed representation challenging the detention on July 11, but it was rejected on July 28 through what the petition describes as a "non-speaking order" that failed to address the crucial issue of the fake complaint.
Adding to the complexity of the case, Pala Ram is reportedly a heart patient who has suffered two heart attacks in the past year. Medical records submitted to the court indicate that his continued detention poses significant risks to his health. As the sole breadwinner for his family, which includes three sons and one daughter, his detention has created substantial hardship for his dependents.
The legal team has cited the High Court's recent ruling in Sadha Ram (Bhajna) vs State of Haryana (2024 PLR 612), which established that preventive detention must have a direct and proximate link to public safety and cannot be based on stale or fabricated allegations.
The court has listed the matter for further hearing on November 18, when the state government must present its explanation and justification for the controversial detention.
