Punjab and Haryana High Court Orders Immediate Release of Gurpreet Singh Sekhon, Slams Preventive Arrest

The Punjab and Haryana High Court directed the immediate release of Gurpreet Singh Sekhon, holding that his preventive arrest in a bailable case was illegal. The court warned that continued detention would violate fundamental rights.

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Punjab and Haryana High Court Orders Immediate Release of Gurpreet Singh Sekhon, Slams Preventive Arrest

CHANDIGARH: The Punjab and Haryana High Court on Friday held that Gurpreet Singh Sekhon’s continued custody was unlawful and directed his immediate release upon completion of bail formalities, observing that further detention would infringe his fundamental rights.

Justice Sanjay Vashisth passed the order while adjudicating a habeas corpus petition challenging Sekhon’s detention by the Ferozepur police. The court noted that the case in question was a bailable offence and that Sekhon had expressed readiness to furnish bail bonds.

During the hearing, the petitioner argued that although Sekhon was produced before the sub-divisional magistrate, bail bonds were not accepted. His counsel submitted that efforts to complete the bail process were obstructed, resulting in continued custody without legal justification.

The court observed that denial of bail in a bailable offence, when the accused is willing to comply with conditions, renders the detention illegal.

Allowing the petition, the High Court directed the Deputy Commissioner-cum-District Magistrate, Ferozepur, to ensure that bail bonds are accepted immediately, either by the concerned SDM or, in his absence, through the district administration or the local police.

The court ordered that Sekhon be released forthwith after completion of the formalities and warned that failure to comply would attract strict consequences for the officials concerned.

Sekhon was taken into custody late Thursday, with police stating the action was preventive. The detention took place days before the zila parishad and panchayat samiti elections in Punjab, in which members of Sekhon’s family are contesting as Independent candidates with backing from the Shiromani Akali Dal.

Police officials maintained that Sekhon was detained to prevent a possible breach of peace.

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Aastha

B.A.LL.B., LL.M., Advocate, Associate Legal Editor

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