Gujarat HC orders police escort for detained panchayat member to cast vote

Ahmedabad: The Gujarat high court on Monday allowed detained Junagadh taluka panchayat member Sanjay Paghdar, through an interim order, to be escorted by police to vote in the election for chairman and vice-chairman of the taluka panchayat. The order came on a habeas corpus petition filed by the Aam Aadmi Party legal wing president Pranav Chandarana through advocate Aum Kotwal. The petition alleged that Paghdar was detained by police on the eve of the election to prevent him from voting.

According to the petition, Paghdar was detained on the evening of May 24 in connection with an FIR carrying charges punishable with up to seven years’ imprisonment.

It was argued that in such cases police may first issue a notice and that immediate arrest is not mandatory. The petitioner called the detention illegal and urged the HC to set Paghdar free immediately and stop the election process.

After the hearing, Justice D N Ray said, “By way of an interim order, I hereby direct the detenue to be escorted to the venue of the election for the chairman and vice chairman of Junagadh taluka panchayat by way of police arrangement/escort (Japta) at the petitioner’s cost. It is further directed that the petitioner will arrive directly at the venue from the detention centre, cast his vote and will return forthwith to the detention centre. Till the process is undertaken, the election will remain open.”

The court also directed that the order be communicated by telephone to the taluka and district development officers and the concerned police authorities to facilitate Paghdar’s voting. Further hearing in the matter has been scheduled for June 10.