AAP MLA Challenges Arrest Warrants in High Court Over Alleged Abuse of Process
Aam Aadmi Party legislator Harmeet Singh Pathanmajra has filed a petition with the Punjab and Haryana High Court. He seeks to quash arrest warrants and proclamation proceedings against him in a criminal case. The case involves serious allegations of cheating and sexual assault.
Details of the Arrest Warrants and Proclamation
Authorities issued arrest warrants against the MLA on September 5 and September 11, 2025. The judicial magistrate (first class) court in Patiala issued these warrants. Pathanmajra also challenges orders from October 16, 2025, and December 20, 2025. These orders issued a proclamation and later declared him a "proclaimed person."
In his plea, Pathanmajra argues the warrants and proclamation represent an abuse of the process of law. He maintains the investigation agency sought warrants under false pretenses. The agency claimed he was "absconding and hiding" to evade arrest. Pathanmajra disputes this characterization strongly.
Legal Arguments Presented in the Petition
The MLA's petition makes several key legal points. Police did not need arrest warrants to apprehend him outside Punjab, according to the plea. The Bharatiya Nagarik Suraksha Sanhita (BNSS) already grants police power to arrest without a warrant across jurisdictions. This fact undermines the necessity of the warrants, Pathanmajra contends.
Pathanmajra currently resides in Victoria, Australia. He argues the proclamation proceedings were illegal because proper service did not occur. Authorities failed to serve him correctly. Additionally, his anticipatory bail petitions were still pending at the time of the proclamation. This procedural issue forms a core part of his challenge.
The judicial magistrate court issued warrants without recording proper reasons, the plea states. The court simply aimed to "aid" the police investigation, according to Pathanmajra. His petition requests an interim measure to stay any coercive action while the high court considers his case.
Background of the Criminal Case
An FIR was registered against Pathanmajra on September 1, 2025. The Civil Lines police station in Patiala filed the case. It includes charges under several sections of the Indian Penal Code:
- Section 420 for cheating
- Section 376 for rape
- Section 506 for criminal intimidation
A woman filed the complaint leading to the FIR. Court documents identify her as the petitioner's wife. The case has drawn significant attention due to the serious nature of the allegations and the political profile of the accused.
The high court will now examine the petition's merits. Pathanmajra seeks relief from what he calls unjust legal actions. The outcome could have implications for similar cases involving procedural questions and cross-jurisdictional arrests.
