Allahabad High Court Mandates Release of Builder in Noida Engineer's Death Case
The Allahabad High Court has issued a directive for the immediate release of Abhay Kumar, a director at real estate firm Wiztown Planners Ltd, who was arrested in connection with the tragic death of a software engineer in Noida last month. The court ruled that his arrest was conducted in violation of mandatory legal procedures, specifically the failure to provide an arrest memo disclosing the grounds for detention.
Background of the Case
On January 16, software engineer Yuvraj Mehta met a tragic end when his car plunged into a deep, water-filled pit in Noida's Sector 150. Despite screaming for help for approximately two hours, he drowned in the incident. The Gautam Buddha Nagar Police subsequently arrested Abhay Kumar on January 20, charging him with culpable homicide, causing death by negligence, and negligent acts endangering human life. Wiztown Planners Ltd had been in possession of the land since 2019-20, linking the company to the site of the accident.
Court Proceedings and Ruling
Hearing a habeas corpus petition filed by Kumar challenging his arrest, a division bench comprising Justices Siddharth and Jai Krishna Upadhyay scrutinized the police actions. The bench noted that the arrest was made without adhering to a High Court direction, as the police failed to supply an arrest memo to the accused, which is required to outline the grounds for arrest under Clause 13 of the arrest memo protocol.
In its order, the court stated: "We find that the facts of this case are covered by the aforesaid judgment of this Court... by violation of Clause 13 of memo of arrest, arrest of accused was made." Consequently, the authorities were directed to release Kumar forthwith, deeming his detention illegal due to procedural lapses.
Precedent and Broader Implications
This ruling follows a similar case on January 22, where the same division bench ordered the release of Umang Rastogi, who had also challenged his arrest on identical grounds of not receiving an arrest memo from the Gautam Buddha Nagar Police. In that instance, the court had issued directives to the Uttar Pradesh Director General of Police to strictly enforce compliance with arrest procedures, warning that officers failing to disclose grounds of arrest should face departmental inquiries and suspension to prevent such illegalities.
Kumar's petition sought not only his release but also a declaration that his arrest, detention, and remand were illegal and void, along with a request to quash the remand orders issued by the Chief Judicial Magistrate of Gautam Buddha Nagar. His counsel argued that the police had not complied with the mandatory requirements, mirroring the issues in the Rastogi case.
Conclusion and Impact
The Allahabad High Court's decision underscores the critical importance of adhering to legal protocols in arrest procedures, particularly in high-profile cases involving serious charges. By ordering Kumar's release, the court has reinforced judicial oversight to prevent arbitrary detentions and uphold the rights of the accused. This case highlights ongoing challenges in law enforcement compliance with court directives and may prompt further scrutiny of police practices in Uttar Pradesh to ensure accountability and justice in future incidents.
