No notice, arrest illegal at ‘very first instance’: HC lists lapses in SAD worker case

Chandigarh: The May 30 arrest of Shiromani Akali Dal worker Jobanpreet Singh was illegal "at the very first instance", the Punjab and Haryana high court ruled on Wednesday while ordering his immediate release.Hearing a habeas corpus petition filed by Jobanpreet's father, Mukhwant Singh, the court observed the police had taken a conscious decision to arrest the detenue without issuing a notice, despite recording reasons for dispensing with the requirement. According to the order, Jobanpreet was arrested in connection with an alleged clash at the Old Bus Stand in Majitha on a complaint filed by Paramjit Singh, a resident of Dera Khunia Da in Majitha. Amritsar Rural Police later registered an FIR against SAD functionary Bikram Singh Majithia and others for allegedly attempting to free Jobanpreet from police custody on May 31. The court rejected the state's contention that an alleged illegality stood cured once the accused was produced before a magistrate and remanded to custody. Relying on the Supreme Court's ruling in Pankaj Bansal vs Union of India, the court held that if an arrest is not made in compliance with statutory provisions, a subsequent remand order cannot validate the illegality or legitimise the detention.The court observed that a prima facie examination of the FIR and investigation records showed the police had failed to demonstrate any compelling grounds necessitating Jobanpreet's immediate arrest. While directing his release, the court clarified that the state would remain free to proceed with the investigation in accordance with law after complying with statutory requirements and without infringing the detenue's fundamental rights. The court concluded that the initial violation of constitutional protections under Article 22(1), read with the relevant provisions of the BNSS and judicial pronouncements of the Supreme Court, entitled the detenue to immediate release.