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Stays Arrest of Sushil Midha Hours Ahead of Chairperson Election
In an extraordinary Sunday hearing, the granted to Sushil Midha, a ward member and chairperson candidate for the , just hours before the election scheduled for Monday. Justice Sunil Beniwal, hearing the matter with special permission from the Chief Justice, noted the suspicious timing of the FIR and the delay in filing it, raising concerns of political vendetta.
Sunday Special: High Court Opens for Urgent Hearing
The petition was filed on a Sunday, a court holiday, seeking urgent relief. The FIR, registered on , alleged offences under the and the . The petitioner, elected as a ward member on and declared a chairperson candidate on , contended that the FIR was a last-minute ploy to prevent him from contesting the election.
The Election Eve FIR: Timing Raises Eyebrows
The incident was alleged to have occurred on , but the FIR was lodged only on September 19—three days later. Justice Beniwal observed: “This Court takes note of the fact that the offences in the present case are alleged to have been committed on and the FIR was lodged on i.e. after a delay of about 3 days. Further, the FIR has been lodged on i.e. soon after the petitioner was declared as a Candidate for election for the post of Chairperson on .”
The court also highlighted that all offences under the were , except those under the , which the petitioner argued were added to make the case . The use of the word “Neech” by the petitioner, the defence submitted, could not attract the , citing the in .
Court’s Reasoning: Delay and Political Context Matter
The State raised a that the petition could not be heard without notice to the private respondent under . However, the court overruled this, noting the of the election. Justice Beniwal recorded: “In these coupled with the fact that the matter is not being heard finally, this Court deems it appropriate to hear the present petition on the .”
Referring to the ’s judgment in , the court acknowledged the need to record reasons for . The court found that the timing of the FIR—just one day after the petitioner’s candidature was announced—and the delay in filing justified interim protection.
Granted, But Case Not Decided Finally
Justice Beniwal directed that the petitioner shall not be arrested in connection with FIR No. 258/2026 until the next hearing on , 2026. Notices were issued to respondent No. 2, Tarachand Samriya, and the matter was made returnable on . The court also directed the petitioner to file a certified copy of the FIR by the next date.
The case is part of a series of similar urgent petitions heard by the on Sunday night, where councillors and candidates from multiple urban local bodies sought protection from arrest ahead of the chairperson elections, alleging police action motivated by political rivalry. The court’s intervention has provided temporary relief, but the of the FIR remains pending. The election process, however, is set to proceed as scheduled.
