Fled country by fraud: P&H HC denies relief to AAP MLA Harmeet Singh Pathanmajra in rape case

The Punjab and Haryana High Court has declined to quash the arrest warrants issued against absconding Aam Aadmi Party (AAP) MLA Harmeet Singh Pathanmajra in a rape and cheating case [Harmeet Singh Pathanmajra v State of Punjab and another]

Justice Tribhuvan Dahiya noted that Pathanmajra had fled India by adopting fraudulent means.

Hence, the judge also refused to interfere with an order declaring Pathanmajra a proclaimed person.

"The petitioner, who is accused of serious and heinous offences, has deliberately disregarded the investigative process and is absconding. He is also accused of slipping out of the country by adopting fraudulent means. Issuance of arrest warrants against him, therefore, cannot be termed a measure of harassment; rather, it was justified to secure his presence for investigation," the Court said.

Pathanmajra, who was elected on AAP ticket from Sanour, was booked in September 2025 on a complaint accusing him of physically exploiting a woman on the pretext of marriage.

It is alleged that he was arrested by police in Karnal last year but he managed to escape the police custody after attacking the cops. Pathanmajra has since fled to Australia.

Seeking quashing of the orders passed against him by a magistrate, the lawmaker's counsel said that the police in 2024 had given him a clean chit but he was implicated after his relations with the ruling party in Punjab soured.

Advocate Nikhil Ghai, appearing for the accused, argued that there was no necessity to seek arrest warrants against him as the police has ample power to arrest him without warrants, even from outside the State.

It was also stated that he could not have been accused of evading the process of law as his anticipatory bail was pending before the Sessions Court at that time. He was residing in Australia and was never served the notice, the Court was told.

However, Additional Advocate General Chanchal K Singla said that there were valid grounds for issuing the warrants as Pathanmajra had run away from custody after attacking the police party.

It was further alleged that he had sneaked out of the country despite issuance of look out notices against him pursuant to the arrest warrants.

Considering the submissions and record, the Court found that all legal conditions were met before issuance of the proclamation.

"The mandatory period of thirty days had also expired before declaring the petitioner a proclaimed person," it added.

The Court also opined that he had intentionally evaded the process of law and gone to the extent of attacking the police to flee from custody.

"This is a case of open defiance of the process by breaking the law. Accordingly, no exception can be taken to the orders passed by learned Magistrate issuing arrest warrants against him. This is in consonance with the law laid down," the judge said.

Thus, the Court declined to entertain Pathanmajra's plea.