No Illegal Detention — Protest Leader Hospitalized On His Own Will: Punjab & Haryana High Court Declines Habeas Corpus Plea In Jagjit Singh Dallewal Case

Possibility Of Future Illness Cannot Be Equated To Illegal Confinement — Punjab and Haryana High Court dismissed a habeas corpus petition seeking release of prominent farmer leader Jagjit Singh Dallewal, who was alleged to be in illegal custody following his participation in the ongoing farmers' agitation. Justice Manisha Batra clarified that the alleged detenue was not under police custody but was voluntarily admitted to a private hospital due to health complications arising from an indefinite hunger strike. The Court held, “In such circumstances, it cannot be said that the alleged detenue is in illegal confinement of the respondents.”

The petitioner, Gurumukh Singh, filed the present habeas corpus petition under Articles 226 and 227 of the Constitution, alleging that the Punjab Police had illegally detained Jagjit Singh Dallewal, who was spearheading farmers' protests against central government policies and had gone on a hunger strike since 16th November 2024.

It was contended that on 19th March 2025, while returning from a meeting with government representatives, Dallewal and other farmer leaders were intercepted by Punjab Police and forcibly detained without any formal order or intimation. The petitioner claimed that Dallewal had been confined without legal authority and sought immediate release.

On the other hand, the State submitted that Dallewal was not under detention but was hospitalized at Park Hospital, Patiala due to health deterioration caused by the hunger strike. It was asserted that his hospitalization was in compliance with directions issued by the Hon’ble Supreme Court regarding the State’s obligation to safeguard the life and health of protesters.

The key issue was whether Dallewal’s admission in the hospital under State supervision, during the protest, amounted to illegal custody warranting habeas corpus.

The Court noted, “The respondent-State has taken a candid stand that the alleged detenue was not in any kind of illegal confinement. Rather, he was got admitted in the hospital due to his health condition in the wake of the direction issued by Hon’ble Supreme Court.”

The Court observed that Dallewal’s health condition had necessitated immediate medical intervention and that hospitalization cannot be equated to detention when it is for medical care. It further remarked, “The possibility of future illness and troubles which an individual may face depends on several circumstances and contingencies and the same cannot be a possible apparent ground to label it as custodial detention.”

The Bench also took note of the petitioner’s submission that family members were being denied access to Dallewal. The Court responded sensitively by directing the State to ensure that “there should be no hindrance if the family members, friends, relatives or any other person wish to see Mr. Jagjit Singh Dallewal in hospital, while following the rules and protocol of the hospital.”

Significantly, the Court recorded that during the hearing, when asked whether the detenue desired discharge from the hospital, the petitioner himself admitted that he did not.

The Court emphasized that the facts clearly revealed: “The alleged detenue was admitted in the hospital in the intervening night of 19/20.03.2025, due to his bad health condition as he was on hunger strike for an indefinite period demanding fulfillment of farmers’ demand.”

The Court also highlighted that pursuant to its earlier directions on 24.03.2025, “the family members of the alleged detenue as well as four other farmer leaders have had a meeting with him in the hospital premises.”

The Court categorically concluded, “In such circumstances, it cannot be said that the alleged detenue is in illegal confinement of the respondents.”

The High Court disposed of the petition, ruling that hospitalization due to medical necessity and in compliance with Supreme Court orders does not constitute illegal detention. However, it protected the detainee’s civil liberties by directing the State that, “there should be no hindrance if the family members, friends, relatives or any other person wish to see Mr. Jagjit Singh Dallewal in hospital,” subject to hospital protocol.

The judgment strikes a balance between the State’s duty to preserve life and the individual's right to liberty and dignity while participating in peaceful protest.

Date of Decision: 27th March 2025