Delhi HC Denies a Plea for Immediate Release of Persons Arrested Illegally in Relation to Farmer Protests

Today, the High Court of Delhi denied entertaining a plea filled for the immediate release of all persons who are illegally arrested and detained by the Police, on and after 26th January pertaining to the Farmers Protest from areas in and around the Singhu, Tikri and Ghazipur borders of the national capital.

A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh While calling the PIL a “publicity interest litigation”, ordered the Delhi Police to complete its investigation into the FIRs registered in relation to the violence that took place during the tractor rally of January 26.

"Delhi Police is directed to complete investigation in FIRs registered as early as possible and practicable within the time-bound schedule", the Court directed.

Advocate Ashima Mandla, the Counsel for the petitioner, on the ground that there was a discrepancy in the number of arrested persons in view of newspaper reports, pressed for a direction to the Police to place its status report on record.

Advocate Ashima Mandla argued that the PIL was not totally based on newspaper reports and that a list of 15 missing persons was attached with the plea.

Also, the plea was not filled for publicity and Harman Preet Singh, the petitioner, is from the village where persons have been missing since January 26-27. In response to the Court's query, Advocate Ashima Mandla stated that she had conducted a "personal survey" with the families of these missing people.

However, the Court noted that such allegations should come on individual affidavits filed by the families of the missing persons.

"(What if) we issue notice and these persons have gone from their personal work?": The court added.

Observing that the petitioner's advocate was not aware of the details of the FIRs registered by Delhi Police and the nature of the allegations, the Court found no merit in the matter. Therefore, on that ground, the plea was dismissed.

In a related development, the same Bench adjourned till February 4 another PIL seeking an investigation into the incidents which happened during the tractor rally of January 26.

Further, the Bench asked counsel for the Commissioner of Delhi Police to report back with instructions as to who sought the order for the rally and from whom.

The PIL seeks the direction of the court to arrest those who "disrespected the National Flag" and vandalised property. A probe is also sought into how such a serious security lapse could have taken place