The Supreme Court refused to hear a habeas corpus plea alleging the illegal arrest of a businessman by Uttar Pradesh Police. The Court granted liberty to seek relief before the appropriate High Court, noting a related matter is already pending.
New Delhi: The Supreme Court on Wednesday refused to entertain a habeas corpus petition alleging illegal arrest of a businessman from Haldwani in Uttarakhand by the Uttar Pradesh Police. However, the top court granted liberty to the petitioner to approach the appropriate High Court for relief.
A vacation bench of Justices MM Sundresh and Prashant Kumar Mishra was hearing the plea filed by Umang Rastogi, who alleged that he was illegally arrested by Uttar Pradesh Police officials. Advocates Anand Kumar and Aditya Giri appeared on behalf of the petitioner before the Supreme Court.
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During the hearing, the Bench noted that a similar petition relating to the arrest of the petitioner’s father was already pending before the Delhi High Court. Taking this into account, the Bench advised the petitioner to approach the High Court instead of pursuing the matter before the Supreme Court.
While making this observation, the Bench stated,
“You have already approeched the high court ( in the other mstter fram which this csse has emanated). idesly. the hich eourt should deel with this mstter also thet will be appropriste f you”.
The counsels for the petitioner submitted that police officials from Bisrakh police station in Uttar Pradesh had illegally arrested Umang Rastogi from Haldwani out of vengeance. They argued that the arrest was carried out in violation of his fundamental rights and without serving any written grounds of arrest, which is mandatory under law.
Advocate Giri further informed the Court that Rastogi and his family members are residents of Uttarakhand and Delhi and have been continuously targeted by the Uttar Pradesh Police. He claimed that Rastogi’s father was also illegally arrested earlier on November 28 from Delhi.
According to the submissions, Rastogi’s father was taken into custody and kept in detention at the Bisrakh police station in Greater Noida. It was alleged that he was not produced before a magistrate for five days, which is a clear violation of constitutional safeguards and criminal procedure laws.
The counsel also pointed out that a petition challenging the illegal arrest of Rastogi’s father is currently pending before the Delhi High Court. The matter has been listed for hearing on January 5.
After hearing the submissions, the Supreme Court disposed of the habeas corpus petition. The Court granted liberty to Umang Rastogi to approach the appropriate court for seeking relief, including the Allahabad High Court, as suggested by the Bench.
On the last working day of the year, the vacation bench of the Supreme Court heard two matters, including this habeas corpus petition and another civil case related to a property dispute.
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