The Punjab government on Thursday afternoon withdrew its petition after a high court-appointed warrant officer reported that state government and Greater Mohali Development Authority (GMADA) officers were not “illegally detained” by the Enforcement Directorate (ED) at the GMADA office in Sector 62.
Late Wednesday night, acting on a petition from the state government, the high court constituted a special bench, heard the matter and appointed a warrant officer to ascertain the claims. The court sought a report by 2 pm on Thursday.
The hearing was conducted via WhatsApp call from the camp office of justice Sanjay Vashisth at around 10:45 pm and continued for over one hour.
The habeas corpus plea, filed by the under-secretary, department of home affairs, alleged that at least eight officers — principal secretary (housing and urban development), Vikas Garg; chief administrator, GMADA, Sandeep Rishi; additional chief administrator, Amarinder Singh Malhi; additional chief administrator (finance), GMADA, Rakesh Popli; estate officer, GMADA, Aman Gupta; and land acquisition collector, GMADA, Rohit Jindal had been illegally confined by the ED and sought their release.
The petition claimed that the officers had not been permitted to visit their homes since noon on September 22 and that hundreds of CRPF personnel have been deployed to guard the GMADA’s office, with no one being allowed to enter and leave the premises.
{{/usCountry}}The petition claimed that the officers had not been permitted to visit their homes since noon on September 22 and that hundreds of CRPF personnel have been deployed to guard the GMADA’s office, with no one being allowed to enter and leave the premises.
{{/usCountry}}Family, friends allowed to bring food for officers: Report
In his report, the warrant officer had stated that he spoke to each one of the officers, and all the officers informed him that they were not detained on the premises illegally.
“... (They told me) no undue pressure has been put on them to sign any paper or concede anything; and they were allowed to talk to their family members. Vikas Garg was allowed to visit his house for about two hours, while Aman Gupta was allowed to meet his brother and Rohit Jindal was allowed to meet his family members,” the report said.
The report also said family members and friends were allowed to bring food for the officers. Female staff were allowed to leave the premises by 6 pm or 6:30 pm and seek assistance/help on a rotational basis.
The report also said ED officials clarified that the officers’ personal presence was required as documents are to be scanned, cloned or downloaded in their presence and their signatures were to be obtained at the end of the exercise for the documents taken by the ED.
“Only due to this process, the officers are staying in the premises itself,” the report quoted ED officials as saying.
ED questions maintainability of plea
Appearing for the ED, additional solicitor general, Satya Pal Jain, questioned the locus standi of the petitioner officer to file the habeas corpus plea and denied accusations of illegal detention.
“Survey has to be conducted in the presence of officers. That is why they were there. It was as per the mandate of the law,” Jain said after the hearing.
The court disposed of the plea while keeping open for future adjudication, if required, the questions of the plea’s maintainability raised by the ED.
Following a request from the Punjab and in view of the survey being completed and the warrant officer’s report, the court allowed the state government to withdraw the petition.