Chandigarh: The Punjab and Haryana High Court on Wednesday declared the May 30 arrest of Shiromani Akali Dal (SAD) worker Jobanpreet Singh as illegal from the very outset, ordering his immediate release. The ruling came in response to a habeas corpus petition filed by his father, Mukhwant Singh.
Court Observations on Arrest Procedure
The court noted that the police had consciously decided to arrest Jobanpreet without issuing a prior notice, even though they had recorded reasons for bypassing this requirement. According to the court order, the arrest was linked to an alleged clash at the Old Bus Stand in Majitha, based on a complaint by Paramjit Singh, a resident of Dera Khunia Da in Majitha.
Subsequent FIR Against SAD Leaders
Following the arrest, Amritsar Rural Police 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 argument that any procedural illegality was cured once the accused was produced before a magistrate and remanded to custody.
Supreme Court Precedent Applied
Relying on the Supreme Court's judgment in Pankaj Bansal vs Union of India, the high court held that if an arrest does not comply with statutory provisions, a subsequent remand order cannot validate the illegality or legitimize the detention. The court observed that a prima facie examination of the FIR and investigation records revealed that the police failed to demonstrate any compelling grounds necessitating Jobanpreet's immediate arrest.
Release and Future Investigation
While ordering Jobanpreet's release, the court clarified that the state remains free to proceed with the investigation in accordance with the law, provided it complies with statutory requirements and does not infringe upon the detenue's fundamental rights. The court concluded that the initial violation of constitutional protections under Article 22(1), read with relevant provisions of the BNSS and Supreme Court rulings, entitled the detenue to immediate release.
