The Delhi High Court has concluded a petition concerning the detention of Aam Aadmi Party (AAP) MLA Kuldeep Kumar following his release by the Delhi Police. The habeas corpus petition alleged that Kumar was detained around 4 AM while protesting the murder of a sanitation worker.
Senior Advocate Shadan Farasat raised the issue for urgent consideration before a bench led by Chief Justice Devendra Kumar Upadhyaya. Farasat articulated that Kumar was apprehended by approximately 20 plainclothes officers, leading a protest demanding justice and compensation for the deceased worker. Despite attempts by his family to establish contact with the police, there was no response, Farasat informed the Court.
The bench agreed to expedite the hearing. The case was subsequently presented before Justices Navin Chawla and Ravinder Dudeja. However, by that time, the police had already released the MLA, a development communicated to the Court by the Delhi Police.
The Court documented that Kumar was held under preventive detention and released around 3:48 PM the same day. Nonetheless, Advocate Farasat criticized the methods employed during Kumar’s initial detention, arguing that Kumar deserved compensation for any undue detention and property damage incurred during the incident.
“He (Kumar) was picked up at 4 AM and was unreachable throughout the day until the case was mentioned before the Chief Justice. We were only recently informed of his release. Can such harsh provisions of preventive detention be justified? During his apprehension, property was damaged…” Farasat contested.
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While closing the petition, the Court left open the possibility for Kumar’s family to pursue further legal action regarding the alleged illegal detention or seek compensation for any property damage.
“Senior Counsel for the petitioner (Kumar’s family) asserts that the detention was illegal and that damage to his property occurred during this time, necessitating compensation. We believe that the current petition’s purpose is served following his (Kumar’s) release. The petitioner’s family is free to explore appropriate legal avenues,” the Court declared.
The situation attracted attention, with live updates capturing the High Court’s agreement to hear the habeas corpus petition against the police for allegedly detaining AAP Delhi MLA Kuldeep Kumar.
