Punjab High Court: WhatsApp ED Detention Hearing Orders Probe

• The Punjab and Haryana High Court conducted an urgent late-night hearing via WhatsApp on Wednesday.
• This intervention followed allegations by the Punjab government that the Enforcement Directorate had illegally detained IAS officers during ongoing raids at the Greater Mohali Development Authority (GMADA).
• Justice Sanjay Vashisht heard a habeas corpus petition concerning the alleged confinement of IAS officers Vikas Garg and Sandeep Reshi, Chief Administrator of GMADA, among others.
• The court directed the appointment of a warrant officer to visit the GMADA premises and Vikas Garg's office to assess the situation.
• The warrant officer was tasked with examining any predicate offenses and ensuring the release of any female officials found to be confined, with a report due by 2 PM the next day.

This case sets a significant precedent for urgent judicial intervention, demonstrating the judiciary's willingness to employ unconventional means, such as a hearing conducted entirely via WhatsApp, to address allegations of illegal confinement by enforcement agencies.

The Punjab and Haryana High Court took the extraordinary step of conducting a late-night hearing via WhatsApp, responding to urgent allegations from the Punjab government. The state claimed that the Enforcement Directorate (ED) had unlawfully detained senior bureaucrats during ongoing raids at the Greater Mohali Development Authority (GMADA) offices. This dramatic intervention, a late night court hearing India conducted through an unconventional digital platform, underscored the gravity of the situation.

The allegations centered on the alleged illegal confinement IAS officers Vikas Garg and Sandeep Reshi, Chief Administrator of GMADA, along with other senior GMADA officials. The Punjab government asserted that the ED's raids, part of a money laundering investigation, had been continuing for two days, with officers reportedly prevented from returning home since September 22. This prompted the state to file a habeas corpus petition Punjab, seeking immediate judicial review of the alleged detentions. The Punjab High Court WhatsApp ED detention hearing commenced at 10 PM on Wednesday, highlighting the judiciary's capacity for swift action in cases of alleged rights violations.

Presiding over the urgent petition, Justice Sanjay Vashisht issued a series of immediate directives to address the unfolding situation. The court instructed its Registry to promptly appoint a warrant officer, tasking them with visiting both the GMADA premises and the office of Vikas Garg, who serves as the Principal Secretary for the Department of Housing and Urban Development. This measure aimed to provide independent verification of the conditions on the ground following the ED raids GMADA officers.

The warrant officer was given a clear mandate: to thoroughly assess the overall situation at the sites, including determining whether any predicate offense had been registered against the GMADA officers or the authority itself. Furthermore, in a specific directive aimed at protecting vulnerable individuals, the court ordered the release of any female official found to be confined at the premises, if deemed appropriate by the warrant officer. The officer was instructed to submit a comprehensive report by 2 PM the following day, with the Chandigarh Police directed to provide all necessary security and logistical support to ensure compliance with the court's order, which was formally passed at 10:42 PM.

The habeas corpus petition Punjab filed by the state government, formally titled State of Punjab v Union of India and Ors, invoked a fundamental legal remedy designed to challenge unlawful detention. This case sets a significant precedent for urgent judicial intervention, demonstrating the judiciary's willingness to employ unconventional means, such as a hearing conducted entirely via WhatsApp, to address allegations of illegal confinement by enforcement agencies. The court's swift response underscores the constitutional imperative to safeguard individual liberties, even when faced with ongoing investigations by powerful state bodies.

This incident highlights the critical role of the High Court in ensuring accountability and adherence to due process during law enforcement operations. By demanding an immediate, independent assessment of the situation through a warrant officer, the court provided a crucial check on executive power. The case offers a potential avenue for relief for individuals or entities facing similar circumstances of alleged arbitrary detention during raids, reinforcing the principle that no authority is above judicial scrutiny, particularly when fundamental rights are at stake.

This case establishes a precedent for urgent judicial intervention, even via unconventional means like WhatsApp, to address alleged illegal detention by enforcement agencies during raids, offering a potential avenue for relief for clients facing similar circumstances.

Source: Original reporting via source material.