Other States - Rajasthan   

High Court orders release of former Rajasthan MLA

Special Correspondent

"In a democratic country no citizen can be detained without adopting procedure of law"

JAIPUR: The Rajasthan High Court on Friday directed the State Government to immediately release Hetram Beniwal, former CPI (M) MLA and leader of the ongoing farmers' agitation in Sriganganagar, who was arrested in October last year, terming his four and a half month long incarceration "illegal".

Mr. Beniwal is presently lodged in Suratgarh Jail.

Responding to a habeas corpus writ from advocate Vikarm Singh Nain, filed under Articles 21 and 22 of the Constitution, the Division Bench comprising Mr. Justice Shiv Kumar Sharma and Mr. Justice R.S. Chouhan said: "In a democratic country no citizen can be detained without adopting the procedure of law. The detention of Hetram Beniwal is illegal."

Communist Party of India (Marxist) State secretary Vasudev hailed the Court order as "victory of justice".

"The Court order has upheld the democratic rights of citizens and exposed the fascist nature of the BJP Government in Rajasthan," he said.

Mr. Beniwal along with Congress leader Sahibram Punia and dozens of farmers agitating for irrigation water in the Indira Gandhi Canal Project Phase I area under the banner of Mazdoor Kisan Vyapari Sangarsh Samiti, was arrested on October 8, 2006, under Sections 107 and 116 of Cr.P.C. Like none of those 60-odd arrested persons, Mr. Beniwal also was never produced before the magistrate even though the authorities took him to different jails, including the Jaipur Central Jail, for holding negotiations with farmers. Dr. Nain filed his writ on February 5 and the Court issued notices to the State Principal Secretary (Home), the Superintendent of Central Jail, Jaipur, and Additional District Magistrate of Suratgarh on February 7.

For the first time Mr. Beniwal was produced before a magistrate on February 9, obviously following the writ. "He was not produced before the magistrate soon after his arrest or any time later for the first three months," pointed out Dr. Nain.

"The Court also cited this fact," he said.

Senior advocate S.R. Bajwa led the arguments on behalf of the petitioner on Thursday. The Court delivered its order on Friday.

The Government side, which pleaded that a habeas corpus writ was not maintainable, also cited non-availability of "vehicles and sufficient force" as reasons for not producing the detainee before the magistrate.

Printer friendly page  
Send this article to Friends by E-Mail

Stories in this Section

High Court orders release of former Rajasthan MLA
Honour for AMU scientist

Copyright © 2007, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu