AAP MLA Kuldeep Kumar was in preventive detention and has been released now: Delhi Police to Delhi HC

A petition challenging the detention of Aam Aadmi Party (AAP) MLA Kuldeep Kumar by policemen at dawn was closed by the Delhi High Court today after it was informed that he has now been released.

The habeas corpus petition claimed that around 4 AM today, the Delhi Police "picked up" Kumar, who had been protesting the murder of a sanitation worker. 

Senior Advocate Shadan Farasat had mentioned the case for urgent hearing this afternoon before a Bench led by Chief Justice Devendra Kumar Upadhyaya.

“This MLA in Delhi, who was picked up from his house by 20 plainclothes policemen. He was leading a protest and seeking compensation for the murder of a sanitation worker. His family has tried to contact the police, but there has been no response," Farasat told the Court.

The Court, in turn, agreed to hear the matter today itself.

The matter was then listed before Justices Navin Chawla and Ravinder Dudeja. However, by then the MLA was released. The development was conveyed to the Court by the Delhi Police.

The Court recorded that the MLA was taken into preventive detention, but released today at around 3:48 PM.

Senior Advocate Farasat, however, questioned the manner in which Kumar was detained in the first place. He maintained that Kumar was liable to be compensated for his wrongful detention and property destruction that took place during the detention.

"He (Kumar) was picked up at 4AM. He was not contactable throughout the day, till the time we mentioned it before the Chief Justice. Just few minutes back we are ifnormed that he is released. Can they invoke draconian provisions of preventive detention? While picking me up, they destroyed (property)...," Farasat argued.

The Court proceeded to close the petition, but clarified that Kumar's family is free to pursue a petition for illegal detention or compensation for any loss that had arisen because of his detention.

"Senior Counsel for the petitioner (Kumar's family) states that the  detention was illegal and even otherwise the damage to his property was caused at the time of his detention, for which he needs to be compensated. We are of the opinion that the purpose of the present petition has been served after his (Kumar's) release. The petitioner's family will be at liberty to take appropriate legal recourse," the Court said.

[Live Coverage]