New Delhi, The Supreme Court on Wednesday refused to entertain a habeas corpus plea alleging illegal arrest of a businessman from Haldwani in Uttarakhand by Uttar Pradesh Police but granted him the liberty to approach the high court for appropriate relief.
A vacation bench of justices MM Sundresh and Prashant Kumar Mishra asked advocates Anand Kumar and Aditya Giri, appearing for petitioner Umang Rastogi, to approach the Allahabad High Court for relief after noting that a similar plea regarding his father's arrest was pending before the Delhi High Court.
"You have already approached the high court . Ideally, the high court should deal with this matter also... that will be appropriate for you," the bench observed.
The counsels submitted that Uttar Pradesh Police officials from Bisrakh police station had illegally arrested Rastogi out of vengeance from Haldwani in violation of his fundamental rights and without serving any grounds of arrest in writing.
Giri submitted that Rastogi and his family were residing in Uttarakhand and Delhi, and were being continuously targeted by Uttar Pradesh Police.
He claimed that Rastogi's father was illegally arrested on November 28 from Delhi and was kept in detention at Bisrakh police station of Greater Noida without producing him before any magistrate for five days.
{{/usCountry}}He claimed that Rastogi's father was illegally arrested on November 28 from Delhi and was kept in detention at Bisrakh police station of Greater Noida without producing him before any magistrate for five days.
{{/usCountry}}The counsel added that the petition challenging the illegal arrest of his father was pending before the Delhi High Court and is listed for hearing on January 8.
The top court disposed of the matter with liberty to Rastogi to approach the appropriate court for relief.
On the last day of the year, the vacation bench heard two cases including one habeas corpus petition and one civil case related to property dispute.
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