The Punjab and Haryana High Court on Monday issued a notice to the Punjab Director General of Police (DGP) and other authorities in response to a habeas corpus petition. The petition alleges that Jobanpreet Singh, a resident of Majitha, was arrested without being provided written grounds of arrest, which constitutes a violation of constitutional safeguards and the directives of the Supreme Court.
Petition Filed by Father
The notice was issued following a plea filed by Mukhwant Singh, the father of the detainee. Mukhwant Singh stated that his son had served as the election agent for a Shiromani Akali Dal (SAD) candidate in the recently concluded municipal elections. He further alleged that the Aam Aadmi Party (AAP) had lost the election in that constituency. According to the petition, the filing of a false First Information Report (FIR) and the subsequent arrest of Jobanpreet Singh are direct and malicious consequences of political rivalry arising from the election results. The plea asserts that this constitutes a gross abuse of police machinery for political purposes.
Details of the Arrest
The petitioner’s counsel submitted that Jobanpreet Singh was arrested by the police in the early hours of May 31 without being furnished with written grounds of arrest, in violation of Article 22(1) of the Constitution of India and the binding directions of the Supreme Court. The counsel further argued that when the detainee was produced before the Duty Magistrate in Amritsar, the state conceded that no notice under Section 35 of the Bharatiya Nyaya Sanhita was provided, and no grounds of arrest were furnished.
Court Proceedings
The case was initially placed before a Division Bench comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, who were hearing a civil writ petition filed by Prem Dutt Sharma, a 70-year-old resident of Takhatgarh village in Ropar district. However, the notice in the habeas corpus petition was issued by Justice Shalini Singh Nagpal. Justice Nagpal directed the respondents to file their replies on or before the next date of hearing, which is scheduled for June 2.
Demands of the Petitioner
In his petition, Mukhwant Singh sought directions to the respondents to produce Jobanpreet Singh and release him from what he termed illegal and unconstitutional custody. He also requested that the court declare the arrest in connection with an FIR registered on May 30 at the Majitha police station as illegal, void, and unconstitutional. Additionally, the petitioner asked for directions to preserve and produce all video recordings, CCTV footage, and any other electronic evidence pertaining to the arrest, concealment, and detention of the detainee.
Political Allegations
The plea highlights the political backdrop of the case, alleging that the arrest was motivated by political vendetta. It states that the detainee actively participated in the municipal elections as an election agent for the SAD candidate, and the defeat of the ruling party led to the filing of a false FIR. The petitioner contends that this misuse of police power undermines the rule of law and democratic processes.
The High Court's notice marks the beginning of a legal process that will examine the legality of the arrest and the adherence to constitutional mandates. The outcome of the hearing on June 2 is awaited with interest.
