Day After His Arrest, Punjab & Haryana HC Dismisses As 'Infructuous' Habeas Corpus Plea Pertaining To Amritpal Singh

The Punjab and Haryana High Court today dismissed as infructuous, a habeas corpus plea moved before it seeking the production/release of alleged separatist leader and chief of 'Waris Punjab De' organization, Amritpal Singh, a day after he was arrested by Punjab Police in State's Moga district.

The habeas plea was moved by one Imaan Singh Khara, legal advisor of 'Waris Punjab De', claiming that Singh had been illegally and forcibly detained by the Punjab Police without the authority of law.

The bench of Justice NS Shekhawat passed the order today after taking on record, the submissions of the Advocate General, Punjab that Singh has been arrested on 23.04.2023 by following due process of Law. He was on run since March 18.

"In view of the statement made by the learned Advocate General, Punjab, the petition has been rendered infructuous and is dismissed as such," the Court said.

With this, the bench also dismissed an application moved in the matter seeking to implead the Union of India as a respondent.

In the Habeas plea, moved last month, it was claimed that Sigh had been illegally and forcibly detained by the State Police and the Central Para Military Forces from the area of Shahkot, District Jalandhar without disclosing any reasons and even he was not informed about the grounds of his arrest.

However, in the earlier hearings before the Court, the Punjab Police and the state government had made a categorical statement that Singh had not been detained and that the claims regarding his arrest were false.

However, when the matter came up before the HC today, the Advocate General submitted that Singh has been arrested. In view of this, the habeas plea was dismissed..

It may be noted that 29 year Singh, detained under the National Security Act (NSA) yesterday morning at 6 am, has been sent to the Dibrugarh Central Jail in Assam. 

For the uninitiated, Amritpal Singh is stated to be a self-styled radical Sikh preacher and Khalistan sympathizer. The state police initiated a massive manhunt backed by a comprehensive plan to take immediate action against him in February after his supporters stormed a police station near Amritsar on February 23 to free one of his associates from custody.

Appearances

Advocate Judgepreet Singh Warring - for the petitioner.

AG Punjab Vinod Ghai, Addl. AG Punjab Mr. Aman Pal - for the State

Advocate Tanu Bedi- as Amicus Curiae.

Case title - Imaan Singh Khara vs. State of Punjab and others [CRWP 2757 of 2023 (O&M)]

Case Citation: 2023 LiveLaw (PH) 73

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