HC issues bailable warrants against Hoshiarpur SSP for defying habeas corpus order
The court emphasized the paramount importance of the 'habeas corpus' writ, describing it as the highest safeguard for personal liberty and a cornerstone of fundamental rights
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The Punjab and Haryana High Court has issued bailable warrants against the Senior Superintendent of Police (SSP) of Hoshiarpur for failing to appear before the court. This directive comes just three days after the SSP was ordered to produce a woman allegedly held in illegal detention.
Justice Sumeet Goel noted that the case had been called twice, but neither the detainee was produced nor did the SSP appear with an explanation. "No explanation, nay plausible explanation is coming forth in this regard," Justice Goel stated.
The court emphasized the paramount importance of the 'habeas corpus' writ, describing it as the highest safeguard for personal liberty and a cornerstone of fundamental rights. Justice Goel stressed that any order passed under this writ must be implemented scrupulously, as non-compliance or dereliction is a serious affront to the rule of law and can perpetuate illegality.
“The writ of habeas corpus is the key that unlocks the door to freedom and is recognised as a cornerstone of fundamental rights jurisprudence. The sanctity attached to this extraordinary writ necessitates that both the court and the executive instrumentalities of the state treat proceedings arising there from with the utmost seriousness and procedural diligence,” the court asserted.
Any deviation or lack of candour in such proceedings was not only contemptuous, but also had the effect of perpetuating the illegality sought to be remedied.
Justice Goel directed the SSP to show cause why appropriate proceedings be not initiated against him for the order’s non-compliance. The jurisdictional IGP was also directed to ensure service of the said bailable warrants.
“The Director-General of Police, Punjab, is directed to ensure production of the detainee before this court on the next date of hearing. In case of non-compliance, he shall remain present before this court with explanation thereof,” Justice Goel concluded.
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