Punjab and Haryana HC Declines to Dismiss Arrest Warrants Against Absconding AAP MLA Harmeet Singh Pathanmajra in Rape and Cheating Case; Accounts ‘Open Defiance of Law’ After Escape From Custody

Key Points:

The Punjab and Haryana High Court has refused to revoke the arrest warrant issued in the rape and cheating case against absconding Aam Aadmi Party MLA Harmeet Singh Pathanmajra on Thursday, 12 February 2026. It said that the warrant is a justified legal process to secure his presence in the investigation. Justice Tribhuvan Dahiya upheld that he fled the country through fraudulent means, deliberately evading the process of law. It further declined to interfere with a magistrate’s order declaring him a proclaimed person.

The court said, “The petitioner, who is accused of serious and heinous offences, has deliberately disregarded the investigative process and is absconding. He is also accused of slipping out of the country by adopting fraudulent means. Issuance of arrest warrants against him, therefore, cannot be termed a measure of harassment; rather, it was justified to secure his presence for investigation.”

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As per the bench, the proclamation issuance lined up with all statutory requirements and noted that the mandatory 30-day period had elapsed prior to declaring him a proclaimed person. The accused allegedly attacked police personnel and escaped custody, making it a case of “open defiance of the process.” As a result, the court dismissed the plea challenging the warrants and proclamation proceedings.

The AAP MLA Pathanmajra is a first-time legislator from the Sanour constituency in Patiala. He was booked after a woman raised a complaint accusing him of sexual exploitation on the pretext of marriage and concealing a prior marriage in September 2025. The FIR was registered at Civil Lines police station under Sections 376 (rape), 420 (cheating), and 506 (criminal intimidation) of the IPC.

He was then reportedly detained after police traced him to Karnal. Later, authorities alleged that he escaped from custody by attacking the police officers and creating a violent disturbance. He was then under the radar with lookout notices against him, but the prosecution later claimed that he fled to Australia, leaving India amidst the chaos. There have been attempts to trace him since then by the Punjab Anti-Gangster Task Force.

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Harmeet Singh had earlier challenged the arrest warrants dated 5 and 11 September 2025 along with the proclamation orders of 16 October 2025 and 20 December 2025 through counsel. He stated that he was earlier given a clean chit in 2024 by the police and was falsely accused following deteriorating relations with the ruling party of Punjab.

He further argued the warrants to be unnecessary as the authorities already had the power to arrest him even outside the State. He also claimed that he was not absconding as he was not properly given notices while he was abroad and his anticipatory bail petitions were pending. His plea sought protection from coercive action, describing the proclamation proceedings as an abuse of legal process.

However, the plea was opposed by the State, which stated that the MLA escaped lawful custody after attacking police personnel, evaded investigation despite notices, and illegally left the country after lookout alerts were issued pursuant to the warrants. They further established the necessity of the warrant with the reasoning that the accused deliberately tried to avoid the investigation of the case.

The High Court examined the case record, reaching a conclusion that the magistrate had followed due procedure to issue the warrants and proclamation. It further upheld that the declaration of a proclaimed person followed and fulfilled all legal conditions. The Court stated, “No exception can be taken to the orders passed by the learned Magistrate issuing arrest warrants against him. This is in consonance with the law laid down.”

(SY)

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