Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

Non-Compliance with Mandatory Legal Requirements in Arrest Process Infringes Fundamental Rights – Punjab and Haryana High Court

07 May 2024 8:19 AM

By: Admin


The Punjab and Haryana High Court, in a significant ruling, has set aside the arrest and remand orders of Dilbag Singh @ Dilbag Sandhu and Kulwinder Singh in a case under the Prevention of Money-Laundering Act (PMLA), 2002. The decision underscores the criticality of adherence to statutory procedures in arrest and detention cases.

Legal Point: The Court deliberated on the legality of the arrest and detention of the petitioners under the provisions of the PMLA, 2002. The pivotal legal issue revolved around whether the procedures mandated by Section 19 of the PMLA were complied with during the arrest and remand of the petitioners.

Facts and Issues: The petitioners, Dilbag Singh and Kulwinder Singh, were arrested in connection with ECIR No.GNZO/19/2023, relating to various offenses under the Indian Penal Code. Their arrests raised questions about compliance with the statutory requirements of the PMLA, particularly the provision of immediate written grounds for arrest and the forwarding of materials to the Adjudicating Authority as required by Section 19(2).

Justice Vikas Bahl meticulously assessed the procedural aspects of the petitioners' arrest and detention. The Court found significant lapses in compliance with Section 19 of the PMLA, particularly the failure to provide written grounds of arrest immediately post-arrest and the non-forwarding of necessary materials to the Adjudicating Authority.

The Court emphasized the sanctity of individual liberty and the necessity of adhering to legal procedures, especially under special acts like the PMLA. It was observed that any deviation from prescribed procedures not only undermines the legality of the arrest but also infringes upon fundamental rights guaranteed under the Constitution.

Decision: The High Court declared the arrest and remand of the petitioners as void due to non-compliance with mandatory legal provisions of the PMLA. All subsequent actions based on these arrests were set aside. The Court ordered the immediate release of Dilbag Singh and Kulwinder Singh, unless they are required in connection with other cases. The judgment serves as a stern reminder to law enforcement agencies to uphold the rule of law and respect individual rights in the execution of their powers.

Date of Decision: February 8, 2024

Dilbag Singh @ Dilbag Sandhu VS Union Of India and Another

Latest Legal News