A group of 14 men, arrested for being the alleged members of banned Popular Front of India (PFI), have withdrawn their petition, seeking directions for compensation and action against erring officers for their “illegal detention”.
A bench of Justice Siddharth Mridul and Justice Talwant Singh allowed the petitioners to withdraw their plea and granted liberty to file a fresh petition in accordance with the law.
Counsel appearing for the men informed the bench that the petitioners were willing to withdraw the plea in view of the court’s earlier direction to amend the plea.
It may be noted that earlier, Justice Mridul had told the petitioners that “as per the judgments, habeas corpus is not maintainable after the date of the return. Even in the Rahul Modi judgment, it is only maintainable in case of revision”.
The plea filed by the 14 men stated that on the night of September 27, 2022, around 3 am to 4 am, huge police forces in civil clothes as well as in uniform barged into their houses and without informing anything to their families unlawfully detained them without following the procedures established by law and took them to some undisclosed location.
All the 14 petitioners were booked under Section 107 and 151 of the CrPC, and seven men namely Mohammad Shoaib, Mohammad Jabir, Abdul Rab, Abdullah, Salahuddin, Habeeb Asghar Jamali, and Shaikh Gulpham Hossein were illegally kept in police custody for 14 hours.
After that, the men were produced before the Special Executive Magistrate (SEM), South East Delhi, and sent to Judicial Custody (JC) for unknown reasons, and an unknown duration without a copy of the ‘kalandra’ (notice).
The plea alleged that while arresting the petitioners violated the guidelines of arrest settled by the Supreme Court in DK Basu v. State of West Bengal and that they violated the fundamental rights guaranteed under Articles 14, 21, and 22 of the Constitution of India.
The petitioners also sought an independent inquiry against the investigating agency and its erring officials.
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