Punjab and Haryana High Court Intervenes in Alleged Illegal Detention Case

Court Directs Magistrate to Review Detention Legality of Kanchanpreet Kaur Amidst Allegations of Misuse of Statutory Provisions

In a significant move, the Punjab and Haryana High Court, presided over by Justice Rajesh Bhardwaj, has issued directives concerning the alleged illegal detention of Kanchanpreet Kaur. The case, filed under Article 226/227 of the Constitution of India, seeks the issuance of a habeas corpus writ against the State of Punjab, calling for the immediate release of Kaur from what is claimed to be unlawful custody.

The petitioner, Arshdeep Singh Kler, represented by Advocates D. S. Sobti and Sultan Singh Sangha, contends that Kaur's arrest was orchestrated by manipulating legal processes. Kaur, who was implicated in multiple First Information Reports (FIRs), had received interim bail. However, she was later accused under Section 111 of the Bharatiya Nyaya Sanhita (BNS), a charge that the petitioner argues was improperly applied to ensnare Kaur in further legal troubles.

The court was informed that Kaur was not only nominated in a new FIR on the same day she joined an ongoing investigation but was also arrested with the added charge of Section 111 BNS, despite the statutory conditions for this charge not being met. The petitioner cited several Supreme Court judgments to support claims of the detention’s illegality.

Counterarguments from the State, represented by Additional Advocate General Chanchal K. Singla, defended the detention, citing Kaur’s alleged complicity with her husband, who is entangled in numerous FIRs, as grounds for her arrest.

In response, Justice Bhardwaj directed that Kaur be presented before a Magistrate within 24 hours, as mandated by law. The court emphasized that the Magistrate must consider the petitioner’s arguments regarding the arrest's legality before deciding on any police remand. The court also ensured that Kaur's counsel would have the opportunity to present arguments in her defense.

The case has been adjourned for further consideration on December 5, 2025, with the State required to submit a status report ahead of the next hearing.

Bottom Line:

Habeas Corpus - Detention legality - Alleged detenue implicated in multiple FIRs, arrest challenged as illegal under statutory provisions - Magistrate directed to consider contentions and decide remand suitability.

Statutory provision(s): Article 226/227 of the Constitution of India, Section 111 of the Bharatiya Nyaya Sanhita, Section 167(2) of the Criminal Procedure Code, 1973

Arshdeep Singh Kler v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2815289