The Punjab and Haryana high court Wednesday dismissed a habeas corpus petition filed by the Chandigarh Congress after police pointed out that party's municipal councillor Jasbir Singh Bunty had sought security in the wake of the Chandigarh mayoral polls.
The order of Justice Alok Jain came on the petition filed by Chandigarh Congress president HS Lucky, claiming that the Chandigarh police were not allowing the Congress leaders to meet Bunty and also that he had been "detained" at his residence.
In the plea which was filed Tuesday midnight, the petitioner's counsel submitted before the judge that police authorities were not letting Bunty move freely which is a violation of his fundamental rights.
The petition was filed ahead of the Chandigarh mayoral polls on Thursday. The polls for the posts of mayor, senior deputy mayor and deputy mayor will be held.
Hearing the petition Wednesday evening, the counsel for the police submitted a status report and as per which, Bunty had made a request with the police to provide him security for threat perception in the wake of Chandigarh mayoral polls.
It was also stated that the "detenu" (Bunty) has given his statement in which he expresses that he is satisfied with the proper security provided to him by the authorities, adding that he is freely moving around and is under no detention or illegal custody.
The counsel for the Union Territory police vehemently opposed the maintainability of the present petition on the ground that the petitioner has not even mentioned as on what basis he has filed the present petition.
Neither the petitioner is related to the alleged detenu nor is his immediate guardian or from the immediate family, the counsel submitted while calling the petition as "an abuse of process of law".
The counsel further submitted that there was never any illegal detention of the alleged detenu with whom the petitioner has also met Wednesday morning and got clicked his photographs.
"I have heard the learned counsels for the parties at length and do not find that the present petition fulfils the ingredients for issuance of any writ in the nature of habeas corpus. The reason for the same is that the alleged detenu had himself given an application on January 16 for seeking protection due to the upcoming mayor elections," the court said in its order.
"Subsequent to the filing of this petition also, he has also categorically made a statement that he is not in any illegal detention or custody rather he is duly protected and is not under any detention," said the court.
"In light of the above, the present petition apparently, seems to be an abuse of process of law," said the court, adding, "In view of the above, the present petition is dismissed."
A scuffle had broken out between the BJP and Congress-AAP workers when Bunty came to withdraw his nomination papers from the post of mayor at the Chandigarh municipal corporation office.
Following the scuffle, police had brought Bunty to his residence in Attawa here from the MC office. Several policemen were deployed outside the residence of Bunty.
Bunty was initially the Congress candidate for the post of mayor. But after the Congress and the AAP sealed an alliance for the mayoral polls, a decision was taken that the AAP will fight for the post of mayor and the Congress nominees will fight for the posts of senior deputy mayor and deputy mayor.
