Hearing a habeas corpus petition filed by a female dentist in the city against the police in Chandigarh, the High Court of Punjab and Haryana sent a notice to the police in Chandigarh. However, the accused did not obtain any interim measures from the HC.
Dr Rosy Dhawan was recently arrested by the Chandigarh Police Criminal Division for allegedly cheating on a foreign national of Kenya. The husband of the accused woman, Dr Mohit Dhawan, is already involved in the case by UT police. Dr Rosy was arrested a week ago in October and is currently being held at Model Jail Burail, after being placed in judicial custody by the district court.
The defendants, for their part, lodged a habeas corpus appeal before the high court, claiming that his arrest and custody by the police in the FIR dated September 21, 2020 registered at PS 19, were illegal and unconstitutional. The woman has requested that the order by which she was placed in judicial detention be quashed. She also requested that the proceedings of the case be suspended and that the case be examined by CBI. Dr Rosy alleged that her husband Dr Mohit has been a constant target of senior Chandigarh police officers and is involved in three criminal cases where he has been granted provisional or confirmed bail. It has been argued that a series of disputes had been filed and counter-filed, including this FIR, between Dr Mohit Dhawan and UT Police between 2017 and 2018, and that these disputes had nothing to do with see with Dr. Rosy in any way. She alleged that the legal remedy has turned into a personal battle for revenge that now extends to her. Judicial Sudip Ahluwalia, after hearing the plea, sent a notice to the UT police. The case will be heard on December 24, 2021.
However, the judiciary considered that “in view of the detailed reasons recorded in the order of November 1, this court finds at this stage no tangible justification for granting it an immediate provisional measure”.