On the habeas corpus petition filed against the illegal arrest case allegedly made by Uttar Pradesh Police. Supreme Court Has refused to listen. However, the apex court has allowed the petitioner to approach the concerned High Court.
On the petition filed by businessman Umang Rastogi, resident of Haldwani, Uttarakhand, Justice M.M. A vacation bench of Justice Sundaresh and Justice Prashant Kumar Mishra conducted the hearing. The bench asked advocates Anand Kumar and Aditya Giri, appearing for Umang Rastogi, to seek relief from the Allahabad High Court in this matter. The court also noted that a petition related to the same case is already pending in the Delhi High Court regarding the arrest of the petitioner’s father.
The Supreme Court commented that when a similar case is already pending in the High Court, the ideal situation would be for the High Court to consider this case as well. The bench said that this would be a more appropriate forum for the petitioner.
It was argued on behalf of the petitioner that Umang Rastogi was arrested from Haldwani by Bisrakh police station of Uttar Pradesh Police in a spirit of vengeance. Advocates said that neither any written reason was given at the time of arrest nor legal procedure was followed, which falls in the category of Illegal Arrest Case.
Advocate Aditya Giri told the court that Umang Rastogi and his family reside in Uttarakhand and Delhi, yet Uttar Pradesh Police is continuously targeting them. He also alleged that the petitioner’s father was illegally arrested from Delhi on November 28 and detained at Bisrakh police station in Greater Noida for about five days without being produced before any magistrate.
The bench was also informed that a petition challenging the arrest of the petitioner’s father is pending in the Delhi High Court, the hearing on which is proposed to be held on January 8. Keeping these facts in mind, the Supreme Court disposed of the petition giving freedom to the petitioner to seek relief from the appropriate court.
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