The Delhi High Court on Tuesday agreed to urgently hear a habeas corpus petition concerning Aam Aadmi Party (AAP) MLA Kuldeep Kumar after the party alleged that Delhi Police picked him up from his residence in the early hours of the morning.
The plea was mentioned before a bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia by senior advocate Shadan Farasat. The development came after AAP leaders publicly questioned Kumar’s whereabouts and alleged that police had taken him away without informing his family or party.
AAP alleges MLA was taken away at 4:30 am
According to the allegations made before the court, Kumar was allegedly picked up around 4:30 am by around 20 men in plain clothes.
AAP claimed that the MLA had been protesting over the death of a sanitation worker. The party alleged that there had been no information about Kumar’s whereabouts since he was taken away.
AAP national convener Arvind Kejriwal also alleged that Delhi Police broke CCTV cameras at Kumar’s residence and took away the digital video recorder (DVR).
“Prime Minister Modi Ji, Where is our MLA Kuldeep Kumar?” Kejriwal said in a post on X, alleging that Delhi Police picked up the MLA from his home.
Kejriwal questioned what ordinary citizens could do if an elected MLA could allegedly be taken away from his residence without information about his whereabouts.
Atishi announces habeas corpus plea
Former Delhi chief minister Atishi also raised questions over Kumar’s alleged detention. She claimed that police officials were unwilling to provide information about the MLA’s location.
Atishi said AAP would approach the Delhi High Court with a habeas corpus petition, seeking information about Kumar and his production before the court.
She also alleged that senior police officials were not responding to calls.
Delhi HC agrees to urgent hearing
The High Court’s decision to urgently hear the petition brings the matter before the judiciary as AAP seeks clarity on the circumstances surrounding Kumar’s alleged detention.
A habeas corpus petition is generally used to seek judicial intervention when a person is allegedly being unlawfully detained, with the court examining whether the detention is legally justified.
The allegations made by AAP and its leaders are claims at this stage. Further details about the circumstances of Kumar’s alleged detention and the police’s position are awaited.
Political confrontation intensifies
The controversy has added another flashpoint between AAP and the authorities in Delhi. Kejriwal accused the government of using police power against an elected representative, while Atishi invoked constitutional safeguards in announcing the legal challenge.
The High Court’s urgent hearing could provide greater clarity on Kumar’s whereabouts and the circumstances in which he was allegedly taken from his residence.
