Mere Ability to Arrest Does Not Justify the Act of Arrest Without Proper Legal Basis – Bombay High Court Grants Bail To Chanda Kochhar
The Bombay High Court in a significant ruling concerning the arrest of Chanda Deepak Kochhar and Deepak Virendra Kochhar has emphasized the importance of adhering to procedural safeguards under the Code of Criminal Procedure (Cr.P.C.). The bench comprising Justices Revati Mohite Dere and Prithviraj K. Chavan highlighted the non-compliance with Sections 41, 41-A, and 60-A of Cr.P.C. in the arrest of the Kochhars, leading to the conclusion that their arrests were not in accordance with the law.
The case revolved around the arrest and detention of Chanda Kochhar and her husband Deepak Kochhar by the Central Bureau of Investigation (CBI). The petitioners challenged the legality of the FIR, their arrest, and remand, alleging violations of Cr.P.C. provisions and constitutional mandates. They sought the quashing of the FIR and their release from custody.
The High Court meticulously analyzed the procedure followed in the arrest of the Kochhars. The Court found a significant deviation from the compliance requirements of Sections 41, 41-A, and 60-A of Cr.P.C. The reasons stated in the arrest memos did not satisfy the necessary conditions under these sections, leading the Court to conclude that the arrests were not lawfully executed.
The Court underscored the protection of individual liberty against arbitrary arrest, stating, “The mere ability to arrest does not justify the act of arrest without proper legal basis and adherence to procedural safeguards.” This observation reflects the Court’s reinforcement of the right to personal liberty and its protection from arbitrary arrest.
In light of the non-compliance with mandatory Cr.P.C. provisions and Supreme Court directions, the Court held that the petitioners’ arrests were illegal. The Court ordered the release of the petitioners on interim bail, imposing specific conditions for their release.
Date of Decision: 9-jan-2024
Chanda Deepak Kochhar vs Central Bureau of Investigation
