HC orders release of man, asks police to justify his detention

The Delhi High Court today ordered the release of a man, allegedly detained by city police, and issued show cause notice to it to justify his detention.
The high court also sought the response of Delhi Police on the plea filed by the detainee's wife, alleging that her husband had lodged a complaint against five persons, but the police, instead of arresting them, wrongly detained him.
"Standing counsel for the State enters appearance on an advance copy and submits, on instructions, that in case the surety is furnished today, the detenu would be released," a bench of Justices G S Sistani and Chander Shekhar said.

The woman, who had filed the habeas corpus writ through advocate Rishabh Sahu, alleged that the five persons had on October 14 threatened her spouse, Anuj Jain, in his factory in order to recover Rs 80,000.
Taking note of the plea, the court also directed the SHO of the concerned police station to personally appear before it with the reply on the plea on November 10.
The petition, filed by Jain's wife, alleged that her husband was illegally detained and despite having secured bail and tendering the surety, no release order was passed by the Special Executive Magistrate.
Jain was arrested for offences under sections 107 (apprehension of breach of peace and tranquility of an area) and 151 (arrest to prevent commisssion of cognisable offence) of the Code of Criminal Procedure (CrPC).