ISIS-Links accused PFI’s members seeks compensation for violation of Fundamental Rights: Delhi HC lists the matter for Nov 24
The division bench was hearing a slew of petitions from arrested PFI members, some of whom were in Judicial Custody and others on Bail. PFI members claimed that a group of police officers dressed in civilian attire barged into their homes and unlawfully detained them.
A group of 14 men recently arrested by the Delhi Police in connection with being members of the banned radical organization, Popular Front India (PFI) had approached the Delhi High Court seeking the issuance of the Writ of “Habeas Corpus”. The alleged PFI members have sought directions for release and compensation for the violation of their fundamental rights.
During the hearing, Advocate Mujeeb ur Rehman appearing for the petitioners submitted the precedents, and submit additional documents that can be relied upon in the case. On the other hand, the Public Prosecutor contended that he has not yet received a copy of the precedents.
Taking note of the submissions, a division bench of Justice Siddharth Mridul and Justice Amit Sharma listed the matter for November 24.
The division bench was hearing a batch of petitions by the arrested PFI members, of which some members were in Judicial Custody and some were on Bail. The plea filed by the 14 men stated that on the mid-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 picked and 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, all the 14 men were produced before Special Executive Magistrate (SEM), South East Delhi, and sent to Judicial Custody (JC) for unknown reasons, and for an unknown duration without a copy of the kalandara.
The plea alleges that the respondents while arresting the petitioners have violated the guidelines of arrest settled by the Supreme Court in D.K. Basu v. State of West Bengal and that they have violated the fundamental rights guaranteed under Articles 14, 21, and 22 of the Constitution of India. The petitioners have also sought an independent inquiry against the investigating agency and its erring officials.
In October, the division bench had inquired the counsel for the petitioners as to how was a case of Habeas Corpus maintainable and had asked the counsel to submit precedents on the same.
Case Title: Mohammad Shoaib and Ors. v. Commissioner of Delhi Police and Anr. and other connected matters