Farmers’ advocacy group moves Punjab & Haryana HC against ‘illegal detention’ of farmers by Haryana police

Farmers' welfare advocacy group, the Haryana Progressive Farmers' Union has moved the Punjab and Haryana High Court protesting the continued detention of farmers by Haryana state authorities in the wake of farmers' protests. It termed the continued detention of farmers as ‘illegal’.

A Bench of Justice Sant Parkash heard the matter on Wednesday and allowed the Haryana government time till Thursday, November 26 to file a status report in the matter, legal news website BarandBench.com has reported.

“No one is aware that who has been arrested for what offence and where they are lodged,” the petitioner states.

Seeking a writ of habeas corpus, the group assails the detention as violative of the right to freedom, the right to life and the protection against arrest and detention (Articles 19, 21, 22 of the Constitution).

Farmer leaders were arrested at midnight from their homes without any reasons being furnished and any offence being committed, the group claims. The leaders are being treated as 'wanted criminals', the petitioner avers.

Terming the detention as a ploy to sabotage the ‘Delhi Chalo’ protests called for by various farmers' groups, the petitioner asserts that none of the D.K. Basu Guidelines (Guidelines for arrest and safeguards against arbitrary arrest) were followed while effecting the 'midnight arrests'.

The few arrests for which the petitioners received information were effected under Section 151 of the Code of Criminal Procedure. Section 151 allows the police to arrest a person on the apprehension of their committing a cognizable offence.

The petitioner raises a query as to what crimes the police believed the farmers would commit during the ‘Delhi Chalo’ protest march. In any case, no person can be detained for over 24 hours, the petitioner points out.

Additional Advocate General Deepak Sabharwal accepted notice on behalf of the State of Haryana.

Farmers across the State have been protesting the contentious Farmers Laws introduced by the Central Government in September this year.

On October 12, the Supreme Court issued notice on petitions that challenged the Farmers Acts.