High Court Dismisses Congress Habeas Corpus Petition in Chandigarh Mayoral Polls Case

The Punjab and Haryana High Court dismissed a habeas corpus petition filed by Chandigarh Congress after police clarified that municipal councillor Jasbir Singh Bunty had requested security due to perceived threats ahead of the Chandigarh mayoral polls.

The Punjab and Haryana High Court dismissed a habeas corpus petition filed by the Chandigarh Congress on Wednesday, January 17, 2023. The petition claimed that the Chandigarh police were not allowing Congress leaders to meet party municipal councillor Jasbir Singh Bunty and that he was being detained at his residence.

Police Report Reveals Bunty's Request for Security

During the hearing, the counsel for the police presented a status report stating that Bunty had requested security from the police due to a perceived threat in the wake of the upcoming Chandigarh mayoral polls. The report also included a statement from Bunty expressing satisfaction with the security provided by the authorities and confirming that he was freely moving around without any detention or illegal custody.

Petition Deemed an Abuse of Process

The counsel for the Union Territory police opposed the maintainability of the petition, arguing that the petitioner lacked a valid basis for filing it. The counsel pointed out that the petitioner was neither related to Bunty nor his immediate guardian or family member, calling the petition an abuse of the legal process.

Court Order Highlights Bunty's Voluntary Request for Protection

In its order, the court acknowledged that Bunty had voluntarily submitted an application on January 16 seeking protection due to the upcoming mayoral elections. The court also noted Bunty's subsequent statement confirming that he was not in illegal detention or custody but rather duly protected and free to move without any restrictions.

Petition Dismissed as an Abuse of Process

In light of the presented evidence, the court concluded that the petition appeared to be an abuse of the legal process. The court dismissed the petition, stating that it did not meet the necessary criteria for issuing a writ in the nature of habeas corpus.

Background: Scuffle During Nomination Withdrawal

The habeas corpus petition arose following a scuffle between BJP and Congress-AAP workers when Bunty arrived at the Chandigarh municipal corporation office to withdraw his nomination papers for the mayoral post. After the scuffle, the police escorted Bunty to his residence in Attawa, where several police personnel were deployed.

Shift in Candidacy Due to Alliance

Bunty was initially the Congress candidate for the mayoral position. However, after the Congress and the AAP formed an alliance for the mayoral polls, it was decided that the AAP would contest for the mayor's post, while the Congress nominees would vie for the senior deputy mayor and deputy mayor positions.