The Gujarat High Court on Monday issued an interim order allowing Sanjay Paghdar, a detained member of the Junagadh taluka panchayat, to be escorted by police to vote in the election for chairman and vice-chairman of the panchayat. The order came in response to a habeas corpus petition filed by Pranav Chandarana, the legal wing president of the Aam Aadmi Party, through advocate Aum Kotwal.
Petition Alleges Illegal Detention
The petition claimed that Paghdar was detained by police on the evening of May 24, on the eve of the election, to prevent him from casting his vote. According to the petition, the detention was based on an FIR carrying charges punishable with up to seven years of imprisonment. The petitioner argued that in such cases, police may first issue a notice and immediate arrest is not mandatory. The petition termed the detention illegal and urged the High Court to set Paghdar free immediately and stop the election process.
Court's Interim Order
After hearing the case, Justice D N Ray stated, "By way of an interim order, I hereby direct the detenue to be escorted to the venue of the election for the chairman and vice chairman of Junagadh taluka panchayat by way of police arrangement/escort (Japta) at the petitioner’s cost. It is further directed that the petitioner will arrive directly at the venue from the detention centre, cast his vote and will return forthwith to the detention centre. Till the process is undertaken, the election will remain open."
The court also directed that the order be communicated by telephone to the taluka and district development officers and the concerned police authorities to facilitate Paghdar’s voting. The court has scheduled further hearing in the matter for June 10.
This interim order ensures that Paghdar can exercise his democratic right to vote despite being in custody, highlighting the judiciary's role in upholding electoral participation.
