12 July 2023 6:33 AM GMT
The Delhi High Court on Wednesday asked a Delhi University student and Delhi Unit President of CPI-ML's student wing All India Students’ Association (AISA), to file a complaint before the Delhi Police in relation to his allegations of “illegal detention” before Prime Minister Narendra Modi’s recent visit to the varsity. A division bench of Justice Siddharth Mridul and Justice...
The Delhi High Court on Wednesday asked a Delhi University student and Delhi Unit President of CPI-ML's student wing All India Students’ Association (AISA), to file a complaint before the Delhi Police in relation to his allegations of “illegal detention” before Prime Minister Narendra Modi’s recent visit to the varsity.
A division bench of Justice Siddharth Mridul and Justice Gaurang Kanth was hearing a habeas corpus plea moved by Abhigyan who alleged that he was illegally detained by some police officials of Model Town police station in his friend’s flat on June 30 for about five hours.
Abhigyan, in his plea, submitted that during the course of his alleged illegal detention, he was informed that the reason for his detention was that there was an important programme at the Delhi University which was to be attended by the Prime Minister
“The Petitioner informed the officials of the Delhi Police that that he was not of the mind to participate in any protests etc. related to this programme, but the police officials insisted on detaining him without Orders. The Petitioner was prevented from leaving the premises for the entire duration of his ‘detention’, and other persons were prevented from visiting him,” he said in his plea.
During the course of hearing today, Advocate Sanjay Lao appearing for the Delhi Police, on instructions of SHO of Model Town Police Station, submitted that there was no order of preventive detention so far in relation to Abhigyan.
Accordingly, Advocate Shahrukh Alam representing Abhigyan sought leave to withdraw the habeas corpus plea with a liberty to approach the SHO of Model Town police station with a complaint in relation to his allegations of illegal detention, in accordance with law.
“Leave and liberty granted,” the court said.
While disposing of the plea, Justice Mridul orally remarked: “Illegal custody is an anathema and antithesis of rule of law but the law applies equally to the Police as it does to you. When a law requires an act to be done, it has to be done in that manner and no other. Your allegation is for illegal detention. You file a complaint. The Police does not have any immunity for their action. If there is something, law will take its own course but for us to do anything at this stage, it will be putting the cart before the horse. This is a very unique case which is why we were looking at it very carefully.”
The habeas corpus plea was moved through Advocates Archit Krishna, Shantanu Singh, Tamanna Pankaj and Priya Vats.
“Because the forcible detention of the Petitioner without an order providing information of the grounds of his detention and without affording him an opportunity of making a representation against the same is violative of the Petitioner’s fundamental right to life and personal liberty and protection against arbitrary arrest and detention enshrined in Articles 21 and 22 of the Constitution,” the plea stated.
Title: ABHIGYAN v. STATE (NCT OF DELHI) & ORS.
Citation: 2023 LiveLaw (Del) 583