The Madhya Pradesh High Court has directed the state government to produce or release 21 students from Maharashtra who were allegedly taken off a train and detained at Itarsi railway station while travelling from Pune to Delhi for a proposed protest. The court has issued notice to the state government, with the next hearing scheduled for 13 October.
A division bench comprising Chief Justice Alokesh Yashwant Kogje and Justice Vivek Jain heard petitions, including one filed by Vishakha Prashant Londhe against the Madhya Pradesh government and others. The petitions were filed under Article 226 of the Constitution, seeking relief against the alleged detention of the students.
According to the report, the students had travelled from Pune to board the Goa Express to Delhi. They intended to participate in a proposed demonstration organised by the Cockroach Janata Party, or CJP, on 10 October. The reported demands included the resignation of Chief Election Commissioner Gyanesh Kumar and opposition to the Special Intensive Revision, or SIR, process.
The students were allegedly removed from the train after it reached Itarsi railway station in Madhya Pradesh. Police officers were cited in the report as saying that 21 people had been taken into custody. The report does not provide a final account from the state government or police on the legal grounds for the action.
During the hearing, the High Court directed the state government to present the detained individuals before the court. The bench also indicated that the government could arrange for the students to be safely sent back to their families. The direction places the legality and current status of the detention before the court for examination.
Article 226 empowers High Courts to issue directions, orders and writs for the protection of fundamental rights and for other legal purposes. A habeas corpus petition can be used when a person is alleged to be unlawfully detained. In such proceedings, the court may require the detaining authority to produce the person and explain the legal basis for the detention. Article 226 itself does not determine criminal guilt or impose a sentence.
The case brings an inter-state policing action involving rail travel and a proposed political protest under judicial scrutiny. The Madhya Pradesh government and police are expected to place their position before the High Court. The next hearing on 13 October is expected to clarify the status of the students and the further course of the petitions.
