Mayank Rajput And Others vs. Union Of INDIA And Others
Facts
The petitioners, Mayank Rajput & Ors, filed a writ petition before the Delhi High Court seeking release from alleged unlawful detention by the CGST Department, Ghaziabad. They claimed to be conducting business in Delhi, but proceedings were initiated against them in Ghaziabad and Meerut, which they contended constituted jurisdictional overreach. The petitioners also sought directions for compliance with CCTV recording directives and preservation of footage, along with accountability for officers involved in alleged illegal detention and fabrication of documents. The respondents, Union of India & Ors, raised a preliminary objection regarding the maintainability of the writ petition before the Delhi High Court, citing that the arrests were made pursuant to an order dated 25.10.2024 passed by the Chief Judicial Magistrate, Meerut, Uttar Pradesh.
Held
The Delhi High Court allowed the petitioners' prayer to withdraw the writ petition. The Court noted the respondents' preliminary objection regarding the maintainability of the petition before the Delhi High Court, given that the detention order originated from the Chief Judicial Magistrate, Meerut. In light of this, the petitioners sought to withdraw the petition to approach the Apex Court or another appropriate forum. The Court disposed of the petition as 'not pressed', granting the petitioners liberty to approach the appropriate forum or court as advised. The Court explicitly stated that it had not expressed any opinion on the merits of the grounds raised in the petition and that the petitioners were free to raise all permissible legal grounds, including those presented in the withdrawn petition, in any fresh proceedings. No specific findings were made on the alleged illegal detention, jurisdictional overreach, or the other reliefs sought.
Key Issues
1. Whether the Delhi High Court has the territorial jurisdiction to entertain a writ petition concerning the alleged illegal detention of the petitioners, when the detention order was passed by a Magistrate in Meerut, Uttar Pradesh, and the respondents have raised a preliminary objection regarding maintainability. Petitioner's contention: The petitioners argued for the release of the detained individuals, asserting unlawful detention without due process and jurisdictional overreach by the CGST Department. They sought directions for CCTV footage preservation and accountability of officers. Respondent's contention: The Union of India and other respondents raised a preliminary issue of maintainability, arguing that the writ petition should not be heard by the Delhi High Court as the arrests were made pursuant to an order from the Chief Judicial Magistrate, Meerut, Uttar Pradesh. The respondents did not present arguments on the merits of the detention or other reliefs sought.
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Cause title — parties, addresses and appearances
O R D E R
By virtue of the present Writ Petition, the petitioners seek the following reliefs: “ i. Release the petitioner if the detention is found to be illegal or unconstitutional, issue Writ like Habeas Corpus. ii. Mandate compliance with CCTV recording directives and preservation of footage. iii. Pass such order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, like Habeas Corpus. Additional Relief: Fix personal accountability of the officers and order department inquiry and lodging a criminal complaint for taking the law into their own hands, violating constitutional rights, right
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