New Delhi, Feb 2 (UNI) The Delhi High Court on Tuesday refused to entertain a PIL seeking release of all persons, not only farmers who have been 'illegally detained' on or after January 26, in and around Singhu Border, Tikri Border and Ghazipur border during the tractor rally protests on Republic Day, 2021.

The plea filed by a law graduate through counsels Ashima Mandla and Mandakini Singh alleged that as many as 200 persons are missing after January 26, following the farmers' tractor rally which turned violent in the National Capital.

Coming down heavily on the petitioner, the bench headed by Justice DN Patel asked if this was a "publicity interest litigation" and rejected the plea.

The bench also asked him to produce affidavits of the families of all such persons who he claimed had been illegally detained by the police.

"It shouldn't happen that today you claim they have been detained, and tomorrow their families present themselves here and claim otherwise," the Court observed.

The plea had contended that the arrests were violative of Articles 14, 21, 22 of the Constitution.

"During the detention, the Delhi Police failed to comply with procedural formalities like signing of the arrest memo, informing the next of kin within a period of 8-12 hours, and production of the persons before the Magistrate u/s 167 CrPC," the petition had alleged, adding this falls within the contours of 'illegal detention'.

The petitioner had also given 15 names of persons who have been missing and detained after the incidents on January 26. However, there is no legally tenable reason to support such detention, the plea contended, praying the constitutional safeguard can be invoked to enforce the Right of Personal Liberty.

UNI JW SB 1508