The Punjab Government informed the Punjab and Haryana High Court on Monday that farmer leader Jagjit Singh Dallewal was not in police custody and was “free” to leave.
The government stated that Dallewal, the leader of the joint forum Sanyukt Kisan Morcha (Non-Political) KMM, had voluntarily opted for hospitalisation and was admitted to a hospital in Patiala based on his own request.
Taking note of the submission, Justice Manisha Batra directed the State to ensure that Dallewal’s family could meet him within the hospital premises without any hindrance. At the outset, the State counsel asserted that Dallewal had chosen hospitalization and was not under any form of detention.
"He can leave if he wishes. He himself preferred to be in the hospital," the counsel stated, adding that while his family could visit him, security protocols would need to be followed.
The government also cited Supreme Court directives, emphasizing that Dallewal's medical care remained the State’s responsibility.
However, Dallewal’s counsel countered these claims, alleging that authorities were preventing his family from meeting him. "He is not even being provided water, and they are not allowing a single person to see him," the counsel submitted before the court.
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After hearing both sides, Justice Batra stated in open court: "The State counsel submits that the petitioner is not in police custody, either illegal or valid. He has been admitted to Park Hospital, Patiala, on his own wish, considering his health. At this stage, counsel for the petitioner submits that the family is being denied access. In view of this, the respondents are directed to make arrangements for the family to meet him in the hospital premises."
The legal proceedings stem from a habeas corpus petition seeking Dallewal’s release. The petition, filed by farmer leader Gurmukh Singh and represented by advocates Gurmohan Preet Singh, Angrej Singh, and Kanwarjit Singh, argued that Dallewal was being held in illegal custody.
The petitioner contended that his detention appeared to be an attempt to suppress the ongoing farmers’ movement and intimidate peaceful protesters.
The plea further alleged that the action violated fundamental rights guaranteed under Article 19 of the Constitution, including freedom of speech, expression, assembly, and association.
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