AISA activist Abhigyan moved to Delhi High Court challenging his illegal detention on June 20, during Modi’s Visit to Delhi University North Campus.
In his argument, Abhigyan said that while he was being held allegedly illegally, the Prime Minister was expected to attend a significant event at Delhi University, which was the basis for his incarceration.
The Delhi Police authorities were notified by the petitioner that he had no desire to take part in any protests or other activities connected to this program, yet they insisted on holding him without a warrant. In his appeal, the petitioner claimed that other people were not allowed to see him and that he was kept inside the grounds for the whole time of his detention.
In response to his claims of “illegal detention” before Prime Minister Narendra Modi’s recent visit to the university, the Delhi High Court on Wednesday instructed a Delhi University student and the Delhi Unit President of CPI-ML’s student organization All India Students’ Association (AISA) to complain with the Delhi Police.
Abhigyan filed a habeas corpus petition and a division bench comprising Justice Siddharth Mridul and Justice Gaurang Kanth was hearing it.
Abhigyan claimed that he was unlawfully detained by certain police officers of the Model Town police station on June 30 for nearly five hours in his friend’s apartment.
On the advice of the SHO of Model Town Police Station, Advocate Sanjay Lao he has testified today during the hearing that Abhigyan still needs to be the subject of a preventive detention order.
In light of this, Abhigyan’s attorney, Shahrukh Alam, requested permission to drop his habeas corpus argument and the freedom to file a complaint about his alleged illegal detention with the SHO of the Model Town police station.
“Leave and liberty granted,” the court ruled.
The law applies to the Police just as it does to you, but illegal custody is anathema and the opposite of the rule of law, Justice Mridul said, “When a law specifies how something must be done, that is the only way to do it. You claim that the person was held against the law. You lodge a grievance. The Police are not immune from consequences for their actions. If there is something, the law will follow its natural course; nevertheless, if we act now, we would be putting the wagon before the horse. We thoroughly examined this situation because it is unusual.”
Attorneys Archit Krishna, Shantanu Singh, Tamanna Pankaj, and Priya Vats advanced the habeas corpus argument.
Because the petitioner’s fundamental rights to life and personal liberty and protection against arbitrary arrest and detention, which are guaranteed by Articles 21 and 22 of the Constitution, are being violated by his forcible detention in the absence of an order outlining the reasons for it and without giving him the chance to object, the plea argued.
Teachers and other students Organizations on Illegal detention
Colleges have instructed students to maintain regular attendance and refrain from donning black outfits before the PM’s visit. Some claimed that if they participated in the live streaming of Modi’s Speech, they would even receive five more attendances.
To finish the preparations for the centennial celebrations, the gazetted holiday of Eid Ul Adha was converted into a working day.
The action drew sharp criticism from groups representing both students and teachers. Aman, co-convenor of the Delhi University chapter of the Students Federation of India (SFI), said it was unacceptable for any college to provide such “dictatorial directives”.
He added that in addition to requiring everyone’s attendance for the live broadcast of the event, the administration also instructed students to refrain from wearing any black outfits.
It is absurd that the college and university administration will take whatever measure to stifle dissent in our learning environments. Giving students the attendance bait to be present during Modi’s speech also demonstrates how “seriously” Delhi University takes their responsibility to provide their students with solid, relevant education, Aman said in an interview with Newsclick.
Teachers and students at the university said in a joint statement that the university administration’s decision to cancel the Eid holiday, advise students not to wear black clothing, announce extra class time for those who attend the event, and threaten teachers by threatening to post photos of attendees on college and university websites “reveal the mindset of the university administration whose only preoccupation seems to be to please their political masters.”
