New Delhi [India], August 18 (ANI): The Delhi High Court on Tuesday recorded that the release of AAP MLA Kuldeep Kumar from preventive detention had served the purpose of the habeas corpus petition filed by his wife, while leaving it open to his family to pursue appropriate legal remedies over his alleged illegal detention and damage to his property.
A bench of Justice Navin Chawla and Justice Ravinder Dudeja noted that Kumar was released at around 3:48 pm, after being taken into preventive detention earlier in the day.
The court recorded that the petitioner's counsel had alleged that Kumar's detention was illegal and that damage to his property was caused at the time of his detention.
"We are of the opinion that the purpose of the present petition has been served after his release. The petitioner's family will be at liberty to take appropriate legal recourse," the bench said while dictating the order.
Senior Advocate Shadan Farasat, appearing for Kumar's wife, told the court that the MLA was picked up from his residence at around 4 am and remained uncontactable throughout the day.
"He was picked up at 4AM. He was not contactable throughout the day, till the time we mentioned it before the Chief Justice. Just few minutes back we are informed that he is released," Farasat said.
Farasat also questioned whether stringent provisions of preventive detention could be invoked against Kumar. He further alleged that damage was caused to the MLA's property when he was taken away.
The habeas corpus plea was filed by Kumar's wife, Deepa, alleging that around 20-25 persons in plain clothes, claiming to be Delhi Police officials, came to their residence at Pharma Apartment, IP Extension, around 4 am on August 18 and took the MLA to an undisclosed location.
The petition alleged that the persons were not in uniform, were not wearing name plates or badges and did not show any warrant, order or other document to establish their authority. It further alleged that CCTV cameras at the residence were damaged and the DVR was taken away.
According to the plea, Kumar had been supporting sanitation workers who were demanding compensation for the family of a deceased worker and had been urging Delhi Chief Minister Rekha Gupta to meet the protesters.
Farasat told the court that the family was entitled to compensation for the alleged damage and would take appropriate steps in that regard.
The bench thereafter disposed of the habeas corpus petition after recording Kumar's release, while keeping open to the petitioner's family the right to pursue appropriate legal remedies. (ANI)
Kuldeep Kumar's release serves purpose of habeas corpus plea; family is free to pursue legal remedies: Delhi High Court
