Court orders immediate release citing non-compliance with arrest memo requirements.
In a significant ruling, the Allahabad High Court has declared the arrest and subsequent remand of petitioner Abhay Kumar as illegal and void, citing procedural lapses by the authorities. The Division Bench, comprising Justices Siddharth and Jai Krishna Upadhyay, delivered the judgment in response to a Habeas Corpus Writ Petition filed by Kumar.
The court found that the police authorities failed to comply with Clause 13 of the arrest memo, which mandates that the arrest memo be provided to the accused before arrest. This violation led the bench to conclude that the arrest and detention of Kumar were unlawful. The petitioner, represented by a team of counsels led by senior advocate Manu Sharma, argued that the arrest memo was not furnished before his arrest, a requirement underscored in the precedent case of Mihir Rajesh v. State of Maharashtra.
In its decision, the court ordered the immediate release of Abhay Kumar from custody. It also directed that the order be communicated to the concerned authorities without delay, emphasizing that compliance should not wait for the issuance of a certified copy.
The judgment also referenced the case of Umang Rastogi v. State of U.P., where similar lapses in the arrest procedure were identified. The court's insistence on adherence to procedural norms highlights the judiciary's commitment to safeguarding individual liberties against unlawful detention.
The ruling has prompted discussions on the accountability of law enforcement officials, with the court also considering a mandamus to initiate a departmental inquiry into the actions of the errant police officers involved in the case.
Bottom Line:
Habeas Corpus - Arrest and remand proceedings declared illegal due to non-compliance with Clause 13 of the arrest memo.
Statutory provision(s): Clause 13 of the arrest memo, Habeas Corpus proceedings
Abhay Kumar v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2850057
