2025 Supreme(Online)(Del) 2427
IN THE HIGH COURT OF DELHI AT NEW DELHI
SATINDER SINGH BHASIN – Appellant
Versus
STATE OF NCT OF DELHI & ORS. – Respondent
W.P.(CRL)-598/2025
$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19th February, 2025 + W.P.(CRL) 598/2025 & CRL.M.A.5439/2025 SATINDER SINGH BHASIN .....Petitioner Through: Mr. Vishal Gosain, Mr. Harsh Bora, Mr. Praney, Mr. Pravir Singh, Ms. Anushka Baruah, Mr. Nilanjan Dey & Mr. Ajunee Singh, Advs. (M:
9432280612)
versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Aggarwal & Mr. Abhinav Arya, Advs., with SI Navneet PS Connaught Place and SI Rohit PS Rajouri Garden.
Mr Anil Mittal and Mr Shaurya Mittal Advocates for R-2 to 4 with Mr. Uday Vir Singh (S.I.) and Mr. Firoz Akhtar (S.I.) PS Bita 2 Gautam Budh Nagar UP. (M: 9810064432)
Mr. Gaurav Gupta, Adv. for Complainant.
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CRL.M.A.5439/2025 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(CRL) 598/2025
3. Thepresent matterhasbeentakenupinthetypedsupplementarylist as Signature Not Verified W.P.(CRL)598/2025 Page 1 of 13 Digitally Signed it has been listed upon urgent mentioning.
4. The present petition seeking a writ in the nature of habeas corpus has been filedonbehalfof thePetitioner.Thefacts that have transpired as per the petition, are that the Petitioner was first detained on 16th February, 2025, around 05:13 PM by the SHO Beta-II Police Station at Gautam Budh Nagar, (Noida) UP and was released at 9:30 PM on the same day.
5. Again, on 18th February, 2025 i.e., yesterday, he was intercepted near Shivaji Stadium, Connaught Place, New Delhi by U.P. police without any prior information being given to the Delhi Police and has been taken to an unknown location. His whereabouts were thereafter not known. Hence, the present petition, seeking his production.
6. Today, in the morning, when the matter was listed and taken up in the supplementary list, ld. Counsel for the Petitioner submitted that the suspicion is that the UP Police has picked up the Petitioner and have not produced him before any Court. It is further alleged that the Petitioner ought to be traced and produced. Ld. Counsel for the Petitioner further submitted that the protocol in cases where inter-state police arrest was made, was also not followed in the present case, in terms of the judgment by ld. Division Bench ofthisCourtinSandeepKumarv.State(Govt.ofNCTofDelhi)andOthers, 2019:DHC:6920-DB
7. Considering the allegations that were made, Mr. Sanjay Lao, ld. Standing Counsel (Crl.) was requested to seek instructions. Notice was also directed to be issued to the State of U.P, through the ld. Standing Counsel for the State of U.P. in the Supreme Court.
8. Around 4:00 PM, the matter was called again. Mr. Sanjay Lao, ld. Standing Counsel (Crl.) has handed over a status report dated 19th February, Signature Not Verified W.P.(CRL)598/2025 Page 2 of 13 Digitally Signed
2025,andthesameistakenonrecord.Asperthestatusreport,theinformation which was available with the police station Connaught Place is as under:
“1. That the facts are that on 18/02/2025 at 02:19 PM a PCR Call vide DD No.45A was received at PS Connaught Place, New Delhi that "Shivaji Staduim Connaught Hotel, Satender Singh Bashinkadriverbolrhahun,kuchlogmeremalik kogaadimeuthakarlegayehai,gaadikanumber note nhi kar paaya yaha par CCTV lage hue hai 2. On receipt of the call,IO reached at thespot and caller was enquired about the incident and he repeated the version of the PCR Call. During enquiry, QST was flashed in all over Delhi, Pieces of broken glass was also found at the place of occurrence i.e. road near Shivaji Stadium, Connaught Place, New Delhi. Place of occurrence was got inspected and photographed by Crime Team and search of the said persons were carried out with the help of CCTV Cameras.
3.Meanwhileacallwasreceivedat7:42PMonthe official mobile Number i.e. 8750870525 of Undersigned (SHO Connaught Place), from the mobile number 9870509