In a significant judicial rebuke, a Ludhiana court has ordered the immediate release of local Congress leader Sunny Indi, ruling that his recent arrest was illegal and in violation of proper procedure. The court's decision highlights serious lapses in the police's handling of a years-old case.
Court Condemns Police Action, Cites Legal Flaws
Judicial Magistrate Harpreet Kaur, presiding over the case, delivered a sharp critique of the Ludhiana police's actions. The magistrate found that the arrest of Sunny Indi, made in connection with a 2020 attempt to murder case, did not follow the mandatory legal steps required by law.
The court specifically pointed out that the police failed to obtain the necessary permission from the concerned magistrate before taking Indi into custody. This procedural failure rendered the arrest unlawful from its inception. The judge emphasized that the arrest memo was also not properly prepared, further compounding the illegality of the action taken against the political figure.
Background of the 2020 Case and Recent Arrest
The controversy stems from an incident dating back to July 22, 2020. A First Information Report (FIR) was registered at the Salem Tabri police station under serious sections of the Indian Penal Code, including:
- Attempt to murder (Section 307)
- Voluntarily causing hurt (Section 323)
- Criminal intimidation (Section 506)
- Arms Act violations (Sections 25, 27, 54, 59)
Despite the case being several years old, the police moved to arrest Sunny Indi recently. His legal team promptly challenged the arrest, arguing that it was conducted without due process. The court agreed with this defense, noting the absence of proper authorization for the arrest in a long-pending matter.
Implications and Reactions
The court's ruling to release Indi is more than just a personal victory for the Congress leader; it serves as a strong reprimand to the local police force. It underscores the judiciary's role in checking executive overreach and ensuring that law enforcement agencies adhere strictly to the rule of law, even when dealing with serious allegations.
This decision is likely to fuel political discourse in Ludhiana, with the Congress party expected to highlight the episode as an example of misuse of police power. For the police department, it is a directive to revisit and reinforce proper arrest protocols to avoid such judicial setbacks in the future.
The order for immediate release means Sunny Indi is now a free man, with the court's finding of an illegal arrest standing as a formal record. The substantive charges against him in the 2020 case, however, remain and will likely proceed through the legal system, albeit with this significant procedural victory for the defense.
