Writ Challenges Detention Power Of Police

The practice of the police to keep people under detention on the plea of maintaining law and order has been questioned in a writ petition moved in the Delhi High Court.

A division bench comprising Justice N G Nandi and Justice Arun Kumar has issued notices to the Union government, Delhi administration and three of its police officials on a habeas corpus writ petition by Salman Ali through his counsel Mrs Shilpi Jain and posted the matter to July 28 for hearing.

Ali, against whom Central District Additional Deputy Commissioner of Police (Addl DCP) M M Oberoi had passed an order that he be kept in the judicial custody and the amount of his two sureties be forfeited, was released on bail on May 31 following a high court order.

Challenging the order of the Additional DCP, the petition while claiming a compensation of Rs five lakh said that the Police Commissioner had no judicial power to keep him in judicial custody or attach the surety amount as his office does not come under the definition of court.

Oberoi had on May 16 ordered for Salmans judicial custody till March 7, 1998, for his involvement in criminal activities and failure to maintain good behaviour and attachment of bonds of his two sureties for their failure to produce him in the court despite many opportunities given to them.

Earlier, on March eight last year, Ali was released on execution of a bond bound down for a period of two years with the directions to maintain peace and good behaviour failing which his personal bail bond and the sureties amount of Rs 20,000 each would be forfeited.