Sonepat Congress ex-MLA Surender Panwar’s arrest by ED illegal, declares Punjab and Haryana High Court
In a major relief to former MLA and Congress’ Sonepat candidate Surender Panwar, the Punjab and Haryana High Court today allowed his petition against the Directorate of Enforcement for declaring his arrest illegal. The order was pronounced in the open court today by Justice Mahabir Singh Sindhu of the high court, but the detailed judgment was not yet available.
Panwar’s contention was that his arrest and detention in the matter were driven by political motives, rather than legitimate legal grounds, and that the legal process was not properly followed by the authorities concerned.
In his petition placed before Justice Sindhu’s Bench, Panwar was also seeking directions for declaring his arrest “non-est” and against the statutory provisions of the Prevention of Money Laundering Act, the Code of Criminal Procedure and the provisions of the Constitution.
Among other things, Panwar through senior advocate RS Cheema with Arshdeep Singh Cheema and Tanu Bedi submitted that his politically motivated arrest was linked to the upcoming state Assembly elections and a part of vendetta. He was not named in the original FIRs and had no direct involvement in the alleged crimes, but was arrested by the Enforcement Directorate (ED).
“His arrest is due to political reasons, being one of the few arrested among many accused. The ED repeatedly sought the petitioner’s custody remand on similar grounds, asserting non-cooperation, misleading behaviour, and the need for confrontation with others. The petitioner challenges these claims, arguing that no new evidence was presented to justify the continued custody. The special court initially granted remand, but ultimately rejected the final request for an extension, noting the repetitive and unsubstantial nature of the ED’s applications,” it was added.
The Bench was also told that the petitioner’s counsel at the onset raised objections to the remand process, pointing out that the grounds for arrest were not properly provided and that the remand applications lacked specificity and legal basis.
The special court’s initial remand orders were criticised for not adhering to legal principles, particularly in light of the petitioner’s cooperation with the investigation. The special court eventually denied further custody, agreeing with the petitioner’s counsel that no substantial grounds were presented by the ED to justify continued detention. The petitioner was subsequently placed in judicial custody, his counsel added.
‘Driven by political motives’
Congress’ Sonepat candidate Surender Panwar’s contention was that his arrest and detention in the matter were driven by political motives, rather than legitimate legal grounds, and that the legal process was not properly followed by the authorities concerned.
