Haryana human rights panel seeks report on ‘illegal detention’ at Bhiwani police station

A case was registered under sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), concerning preventive detention in situations of imminent threat to public safety.

Justice Lalit Batra, Chairperson of the HHRC, noted that any misuse of these provisions could amount to a violation of Articles 21 and 22 of the Constitution, which protect personal liberty and rights during arrest.

Citing the Supreme Court’s ruling in Rajender Singh Pathania vs. State (2011), Justice Batra emphasised that preventive provisions are not punitive and must only be invoked under stringent conditions.

In the order pronounced on October 13 and released Wednesday, the Commission has directed the SP to respond on four key points:

Legal basis for summoning: Whether proper procedure was followed in calling Ashok Kumar to the police station.
Justification for prolonged stay: The legality of his extended presence at the station without formal arrest.
Necessity of arrest: Whether conditions warranted preventive detention under BNSS.
Conduct of ASI Virendra Singh: Including alleged threats, procedural lapses, and possible misconduct.

Dr Puneet Arora, Protocol and Public Relations Officer of the Commission, confirmed the inquiry and reiterated the Commission’s commitment to upholding human rights and accountability in law enforcement.