After Kurukshetra police detain man on ‘complaint by dead man’, High Court asks Haryana to explain

Pala Ram, 46, from Indira Colony in Thanesar, was arrested from his home on June 19 by officers of the Krishna Gate Police Station. In a petition filed through Advocate Arun Gupta, Ram claimed the arrest was illegal as he was picked up while sleeping without any prior intimation or reason. It sought quashing of three orders: the initial detention on May 28, rejection of his wife’s representation on July 28, and confirmation of six-month detention on September 8.

According to the petition, Ram had been on bail in two ongoing NDPS cases (FIRs 366 of 2021 and 605 of 2024) since April 2022 and December 2024, respectively, with no recovery of narcotics from him in either. He was acquitted in two earlier cases (FIRs 171 of 2016 and 241 of 2020) and had served sentences in three others involving small quantities of ganja. The plea argued there has been no misuse of bail or fresh criminal activity, making detention unjustified.

The core allegation is that the detention relies on a February 6, 2025, complaint by one Ram Singh, accusing Pala Ram of involvement in narcotics trafficking. The petition calls this fabricated, as Ram Singh had died on November 8, 2024, with cremation at Manav Sewa Samiti in Kurukshetra. The complaint, allegedly planted by police, was lodged posthumously, the plea states, rendering the entire process mala fide and violative of Article 21 (right to life and liberty).

Ram’s wife had submitted a representation on July 11 challenging the detention, which was rejected in a non-speaking order on July 28 without addressing the fake complaint. An earlier petition was withdrawn after this rejection, with liberty to file afresh.

Citing the high court’s recent ruling in Sadha Ram (Bhajna) vs State of Haryana (2024 PLR 612), the plea contended that preventive detention must have a proximate link to public safety and cannot be based on stale or false allegations. It highlighted procedural lapses in timelines under the PIT NDPS Act and the absence of any bail cancellation move by the state despite grants in 2022 and 2024.

The petitioner, a heart patient with two attacks in the past year and family responsibilities (three sons, one daughter), claimed the detention endangers his life. Medical records (annexure P4) were attached. He sought immediate release on bail pending petition, suspension of the sentence, and a writ of habeas corpus.

The state respondents include the home secretary, Haryana director general of police, Kurukshetra superintendent of police, and Krishna Gate station house officer.