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Jailed AAP MLA Pathanmajra says threat to life; HC issues notice to Punjab

MLA alleges series of false FIRs filed in political vendetta after he criticised government’s handling of floods.

Jailed AAP MLA Pathanmajra says threat to life; HC issues notice to PunjabPathanmajra, 51, was elected as an MLA in 2022 as an Aam Aadmi Party candidate. He is currently confined in Bathinda district jail. (File Photo)

The Punjab and Haryana High Court on Friday issued notices to the Punjab government seeking its reply by May 6 , on a criminal writ petition filed by AAP’s Sanaur MLA Harmeet Singh Pathanmajra, in jail in connection with a rape case, seeking protection of his life and liberty under Articles 226/227 of the Constitution.

A bench of Justice Tribhuvan Dahiya issued the direction on plea by Pathanmajra, who has alleged a “clear and disturbing pattern of abuse of state machinery through multiple malicious, false and politically motivated criminal cases” registered against him solely because he is a vocal critic of the ruling dispensation, particularly its handling of the last year’s floods that caused massive damage across Punjab.

Pathanmajra, 51, was elected as an MLA in 2022 as an Aam Aadmi Party candidate. He is currently confined in Bathinda district jail. The petition notes that he has not been declared a proclaimed offender in any case.

According to his counsel, Senior Advocate P Ahluwalia and advocate Deepinder Singh Virk l, Pathanmajra publicly criticised the state government on August 31, 2025, for its mismanagement of the flood situation. Within a day, on September 1, 2025, an FIR was registered against him at Julkan police station in Patiala, under Sections 376, 420 and 506 of the IPC (corresponding to Sections 64, 318(4) and 351(2) of the Bharatiya Nyaya Sanhita). The allegations in this FIR were substantially identical to earlier complaints that had already been inquired into and found to be without merit by a DIG-rank officer who in his report dated November 8, 2024, had categorically stated that no offence was made out.

The petition claims that the timing, nature and multiplicity of the FIRs clearly establish they are not bona fide but part of a calculated witch hunt aimed at silencing the petitioner. Within days, additional cases were registered, including an FIR on September 2, 2025, at Karnal, based on an alleged incident of escape from custody which, the petition states, stands falsified by the statement of the local investigating officer. Another FIR, dated September 5, 2025 was registered under the Mines and Minerals Act but has not even been uploaded on the official Punjab Police website, in violation of the Supreme Court’s directions in Youth Bar Association of India vs. Union of India (2016) 9 SCC 473.

The plea claims undue haste and procedural irregularities by the investigating agency. Pathanmajra claims he was subjected to coercive processes including issuance of arrest warrants, proclamation proceedings and eventual declaration as a proclaimed offender in a mechanical manner, even while his anticipatory bail application was pending. He was arrested just prior to the hearing of his Special Leave Petition before the Supreme Court, rendering that petition infructuous.

It further claims that post arrest, the authorities allegedly continued to act arbitrarily: repeated police remands were sought on vague grounds such as investigation at far off locations, despite no actual investigative steps being taken. He has also been transferred between jails without justification and is allegedly being denied proper medical treatment. These actions, the petition states, demonstrate that the criminal law machinery is being weaponized to harass and coerce the petitioner.

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The petitioner expressed a real and imminent apprehension that the State may implicate him in further false cases, citing past instances where similarly situated political figures were re arrested in fresh cases immediately upon being granted bail. Such conduct, he argues, violates his fundamental rights under Articles 14, 19 and 21 of the Constitution.

The writ petition squarely relies on the Supreme Court’s judgment in Arnab Manoranjan Goswami vs. State of Maharashtra (2021) 2 SCC 421, which holds that constitutional courts must intervene when criminal law is misused as a tool for targeted harassment and to stifle dissent. Pathanmajra’s legal team argued that his right to freedom of speech and expression, as well as his right to life and personal liberty, are under direct threat due to the mala fide actions of the state.

The petitioner argued that the present case squarely falls within the parameters laid down by the Supreme Court in the Arnab Goswami case and sought protection of the MLA’s life and liberty along with directions for advance notice before any further coercive action.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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