The Allahabad High Court on Saturday directed the UP Police to produce before it the arrest memo pertaining to the arrest of Lucknow based senior lawyer and president of human rights group Rihai Manch Mohammad Shoaib. The Court has directed the Government to produce documents to show that he was medically examined after the arrest. The court further said that Shoaib's family members or lawyers should be allowed to meet him
The order was passed by a division bench comprising Justices Devendra Kumar Upadhyaya and Rajan Roy, on a habeas corpus petition filed for Shoaib's release by Advocate Guarav Kumar Kashyap.
Shoaib was detained by the UP police ahead of the scheduled nationwide protest against the Citizenship (Amendment) Act, 2019 on 20.12.2019. Since then, his family members and friends claim that he has gone untraceable. A writ of habeas corpus was filed by Adv. Gaurav Kumar contending that the detention of the petitioner by the police is unlawful and to set him free.
Based on the submissions of the petitioner, the Court ordered :
" we call upon the learned A.G.A. to file a comprehensive affidavit in reply to the averments made in the petition as also to the facts mentioned in this order. The affidavit to be filed by the learned A.G.A. shall also contain a true copy of the arrest memo and documents revealing the fact that petitioner on his arrest was sent to the Civil Hospital and was medically examined. The affidavit to be filed under this order by the learned A.G.A. shall be served upon the learned counsel for the petitioner by 24.12.2019."
The Court will next consider the matter on January 2.
The counsel for the petitioner, Atul Benjamin Solomon and Alok Singh Chauhan, alleged that the police personnel took him out of his house in the intervening night of 19.12.2019-20.12.2019 at 12am and since then his whereabouts are not known. The counsel also contended that the detention of the petitioner by the police is unlawful and hence to issue habeas corpus writ to set him free.
A supplementary affidavit was also filed by the wife of the petitioner which was addressed to the Senior Superintendent of Police inquiring the whereabouts of her husband. She also stated that the petitioner was kept under house arrest since 5:30 pm on 18.12.2019 and that the police took him out of his residence at around 11:45 pm in the night informing the petitioner that he had been summoned by the Circle Officer.
The additional Government Advocate on the basis of instructions received from Station House Officer, Police Station- Aminabad, Lucknow has stated that petitioner was arrested at 08.45 a.m. on 20.12.2019 from Clarks Avadh Tiraha, Lucknow, as he was wanted in connection with Case Crime No. 0600 of 2019, registered under Sections 147, 148, 149, 152, 307, 323, 504, 506, 332, 353, 188, 534, 436, 120-B, 427 I.P.C, Section 3, 4 of the Prevention of Damage to Public Property Act, 1984 and Section 7 of the Criminal Law (Amendment) Act, 1932. He has further stated that said First Information Report was lodged in relation to an incident which had occurred on 19.12.2019 at 13.15 p.m. and said incident potentially created lawlessness. The AGA further stated that various persons indulged in violent agitation which led to disruption of public order.
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