HC directs AISA leader to file police complaint over ‘illegal detention’

New Delhi: The Delhi High Court has directed the Delhi unit president of All India Students’ Association (AISA) to file a complaint with the Delhi Police regarding his claims of “illegal detention” prior to Prime Minister Narendra Modi’s recent visit to Delhi University.

Abhigyan, AISA Delhi unit president, in his plea stated that he was informed during his alleged illegal detention that the reason for it was an important programme at Delhi University, which was to be attended by the Prime Minister.

According to his submission, “The Petitioner informed the officials of the Delhi Police that he had no intention of participating in any protests or activities related to this programme. Nevertheless, the police officials insisted on detaining him without any legal orders. The Petitioner was barred from leaving the premises throughout his ‘detention,’ and others were prohibited from visiting him.”

During the hearing, advocate Sanjay Lao, representing the Delhi Police and acting on instructions from the SHO of Model Town Police Station, stated that there was no order of preventive detention concerning Abhigyan. Consequently, advocate Shahrukh Alam, representing Abhigyan, sought permission to withdraw the habeas corpus plea, with the liberty to approach the SHO of Model Town police station to file a complaint regarding the alleged illegal detention in accordance with the law.

While disposing of the plea, Justice Mridul made an oral remark: “Illegal custody is contradictory to the rule of law, and the law applies equally to the police as it does to you. When the law prescribes a specific course of action, it must be followed exactly as specified.”

Abhigyan told Millennium Post, “This is just one of many attempts by the Delhi Police to resort to a new strategy to stifle dissenting voices and conveniently evade accountability by simply denying any detention took place. It is imperative to understand that individuals cannot be detained without a lawful order and a valid legal explanation. The repeated instances of student detentions by Delhi Police, seemingly to suppress their voices, only reinforces a concerning pattern.”