Punjab and Haryana High Court: In a habeas corpus petition filed for the release of alleged detenue, namely Jagjit Singh Dallewal (‘Jagjit Singh’), a prominent farmer leader, a Single Bench of Manisha Batra, J., disposed of the petition, holding that Jagjit Singh was admitted in the hospital due to his health and as per the Supreme Court’s directions, and since he was free to meet anyone or leave the hospital, he was not in illegal confinement of the State. However, the Court directed the State to ensure that there would be no hindrance if the family members, friends, relatives, or any other person wished to see Jagjit Singh in the hospital, per the rules and protocol of the hospital.
Background
The petitioner contended that he, along with Jagjit Singh and other farmers were protesting a government policy. As a part of agitation, Jagjit Singh proceeded on an indefinite hunger strike since 16-11-2024 urging fulfillment of their demands regarding farmers’ interests.
It was further contended that on 19-03-2025, Jagjit Singh, along with other farmer leaders, was returning to protest sites at the Shambhu and Khanauri borders after meeting with a government delegation. Their convoy was intercepted by the Punjab Police and Jagjit Singh, along with some other farmer leaders was detained by the Police without any prior notice. It was also contended that the farmers have been kept in illegal confinement by the Punjab Police. Hence, the present petition was filed.
On 24-03-2025, the Court was informed that Jagjit Singh was not in the custody of the Police. He was admitted to Park Hospital, Patiala, as per his wish due to his health, and he was free to leave. The Court was also informed that as per the orders of the Supreme Court, the State was responsible for Jagjit Singh’s medical care and had no objection to letting him meet his family members in the hospital.
Accordingly, vide order dated 24-03-2025, the Court directed the State to ensure that Jagjit Singh was able to meet family members in the hospital premises without any hindrance, either from the side of the State or the hospital authorities, following the hospital protocol.
Analysis and Decision:
The Court noted that, admittedly, Jagjit Singh was admitted to the hospital on the intervening nights of 19-03-2025 and 20-03-2025 due to his bad health condition as he was on hunger strike for an indefinite period demanding fulfillment of farmers’ demands. The Court further noted that the State took a candid stand that Jagjit Singh was not in any kind of illegal confinement. Rather, he was admitted to the hospital due to his health condition as per the directions issued by the Supreme Court.
The Court also noted that in compliance with the last order dated 24-03-2025, the family members and some farmer leaders met Jagjit Singh on the hospital premises.
Upon being asked by the Court whether Jagjit Singh wanted to be discharged from the hospital, the petitioner replied in the negative. Thus, the Court stated that Jagjit Singh was free to go home after seeking discharge from the hospital.
Accordingly, the Court held that in such circumstances, it could not be said that Jagjit Singh was in illegal confinement of the State.
Therefore, the petition was disposed of. However, the Court directed the State to ensure that there would be no hindrance if the family members, friends, relatives or any other person wished to see Jagjit Singh in the hospital, in accordance with the rules and protocol of the hospital.
[Gurumukh Singh v. State of Punjab, CRWP No. 2933 of 2025 (O&M), decided on 27-03-2025]
Advocates who appeared in this case:
For the petitioner: Gurmohan Preet Singh, Angrej Singh, and Kanwarjit Singh
For the respondent: Additional Advocate General Deepender Singh
