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Chandigarh mayoral polls: HC junks Congress plea alleging illegal detention of councillor Bunty
Dismissing the plea an evening before elections, justice Jain observed that “the petition was apparently an abuse of the process of law”. However, it added that it was refraining itself from commenting upon its maintainability and whether it was a frivolous petition.
The Punjab and Haryana high court on Wednesday evening dismissed a plea from Chandigarh Congress president Harmohinder Singh, seeking release of councillor Jasbir Singh Bunty from alleged illegal detention.
Around midnight on Tuesday, a special hearing was held at the Sector-8 residence of HC justice Alok Jain on the Congress city chief’s plea. The HC had then sought a report from UT on the allegations.
Dismissing the plea an evening before elections, justice Jain observed that “the petition was apparently an abuse of the process of law”. However, it added that it was refraining itself from commenting upon its maintainability and whether it was a frivolous petition.
The court also observed that respondent authorities were expected to conduct themselves within the established principles of law.
During the hearing on Wednesday, UT had denied allegations of illegal detention, stating that a request for security was received from Bunty himself on January 16.
UT’s lawyers also showed some photos etc in which he was seen moving freely. Further, it was informed that even the petitioner met Bunty on Wednesday morning. The UT’s lawyers had questioned maintainability of the petition as the petitioner was not related to alleged detenue.
On the other hand, lawyers appearing for Congress president had submitted that the Chandigarh Police should explain the reason for granting such a heavy security to him and further demanded that court issues directions to protect movement of Bunty.
Dismissing the plea, the court observed that it did not find that the petition fulfilled the “ingredients for issuance of direction in the nature of habeas corpus”, especially in the wake of Bunty himself giving an application for security cover on January 16.
Meanwhile, Congress leader Pawan Bansal and Chandigarh president HS Lucky, who had been unable to meet Bunty on Tuesday, met him on Wednesday following HC intervention. Lucky had said, “Police were not allowing us to meet Bunty till Wednesday morning. The situation is under control as Bunty and his father confirm their loyalty with Congress.”
A Congress councillor, not willing to be named, said, “Congress leaders are inside and outside Bunty’s house as we fear that BJP workers can again try to take him away when he will be released.”
What happened on Tuesday
Bunty, a Congress councillor from ward number 24, was earlier fielded for the post of mayor before the party stitched an alliance with AAP. After joining hands with AAP, Congress had to withdraw Bunty’s name from mayor post.
Bunty had visited the MC office on Tuesday to submit an application to withdraw his nominations for mayor post after an alliance pact with AAP.
Later, when Bunty and other leaders stepped out of the MC building, BJP workers stepped forward to take away Bunty with them. As Congress and AAP workers tried to rescue him, a scuffle broke out between the two groups, lasting for over an hour.
Bunty and his father were dropped home in a police vehicle, and since then, he was not allowed to leave, Congress workers claimed.
Meanwhile, BJP councillors said the rift between Bunty and Congress started the same day when he was asked to withdraw his nomination. “BJP workers had nothing to do with the scuffle. Bunty was earlier a worker of the BJP and joined the Congress later. He himself wanted to rejoin BJP and his father had even approached some party workers for this,” Jatinder Pal Malhotra, Chandigarh BJP president had said on Tuesday, after the scuffle between Congress-AAP and BJP workers.
Meanwhile, MC joint commissioner Isha Kamboj said that Bunty had been called for his nomination withdrawal again on Wednesday as he had submitted the application to office staff not election secretary, but the Congress leader refused to visit the MC office. Meanwhile, the Congress stated that if the need arises, they will submit another application before the polling starts.
HC disposes of plea from AAP mayoral candidate
In yet another instance of a special hearing involving mayoral elections, the Punjab and Haryana high court late on Wednesday night heard a plea from AAP mayoral candidate, Kuldeep Dhalor seeking appointment of court commissioner to supervise the process for Chandigarh MC mayoral polls.
The bench presided over by justice Deepak Sibal and justice Deepak Manchanda, started the hearing at 9 pm, upon special mentioning for the same and disposed of the plea around 10:30 pm. The court did not agree for the appointment of court commissioner as demanded by him.
“..the people are being collecting at the BJP office and being provoked by their leaders to not allow the elections to be held tomorrow. The BJP councillors, with the help of the BJP leader are likely to jeopardise the election process by bringing some notorious persons,” the plea alleged. The lawyers associated had also referred to the alleged incidents reported on Tuesday involving Jasbir Singh Bunty.
The UT’s senior standing counsel, Anil Mehta had told court that there was no occasion for the court to issue the directions in this regard and had further informed that entire poll process is to be video-graphed. He had also acknowledged the withdrawal of the nominations of some candidates from AAP and Congress. The lawyers from AAP-Congress had sought confirmation about the same.
The lawyers from Chandigarh police also assured that they would leave “no stone unturned for free and fair elections”.
In the wake of statements from Mehta and lawyers form Chandigarh police, the court disposed of the plea observing that “no further orders are required to be passed” in the matter.
