The Punjab and Haryana High Court today ordered immediate release of music producer Pushpinder Dhaliwal, aka Pinky Dhaliwal, on a habeas corpus petition. He was in the custody of Mataur police in Mohali district in relation to a case filed by singer and actress Sunanda Sharma.
Justice Harpreet Singh Brar ordered the release “if his custody is not required in connection with any other case”, while taking up the plea filed against the state of Punjab by his son Gurkaran Singh Dhaliwal through senior counsel RS Rai, Vinod Ghai and Amit Jhanji along with Gautam Dutt and other advocates.
Dhaliwal was arrested following “strong intervention” by the Punjab State Women Commission, which had taken suo motu cognisance of the matter after Sharma’s public plea. Sharma, as per an official press note issued on March 10, had alleged that Dhaliwal financially exploited her by withholding payments despite her songs generating Rs 250 crore in revenue. She further accused him of wrongful restraint, criminal intimidation and forgery.
His counsel submitted that the detainee was picked up by the police from his residence on March 8. His lawyer was informed by a DSP the same evening that there was no FIR or complaint in the matter.
At 11 pm, the High Court issued a notice before directing the appointment of a warrant officer with a direction for his forthwith release in case he was found in illegal confinement.
The warrant officer and the detainee’s lawyer, who reached the police station after midnight, were told by the SHO that there was an FIR. He refused to release the detainee and did not show the FIR’s copy or arrest memo.
It was further alleged that the SHO forced the detainee to sign “a pro forma arrest memo” seven hours after he was picked up. The counsel added that the detainee was illegally picked before FIR registration and the grounds of arrest were not provided.
After hearing the counsel and the rival contentions, Justice Brar allowed the plea “for reasons to be recorded later in the judgment”.
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