Bail Applicant Under Mandatory Obligation To Disclose Criminal Antecedents, Non-Disclosure Results In Erroneous Decisions: Andhra Pradesh High Court Judicial Decrees Cannot Be Set Aside By Administrative Orders After Decades; Long-Standing Revenue Entries Must Be Protected: Allahabad High Court 'Any Use Whatsoever' Includes Promotion & Events: Bombay High Court Restrains New Indian Express Group From Hosting Commercial Events Outside Southern States Reserved Category Candidates Who Qualify On Their Own Seniority Must Be Adjusted Against Unreserved Vacancies: Calcutta High Court Decree For Possession Can Be Passed If Landlord-Tenant Relationship & Termination Are Admitted; Unregistered Lease Is Month-To-Month: Delhi High Court Prosecution Against Co-Accused Not Sustainable When Main Accused Is Discharged On Same Facts: Jharkhand High Court Admission Of Handwriting On Account Statement Is Not Admission Of Its Contents; Corroborative Evidence Necessary To Prove Claim: Gujarat High Court Omission Of Label Defects In Food Inspector's Spot Memo Fatal To Prosecution For Misbranding: Himachal Pradesh High Court RBI Must Consult State Government, Not Just Registrar, To Supersede Co-operative Bank Board; Principles Of Natural Justice Excluded Under Section 36AAA: Kerala High Court Suit Filed Before IBC Proceedings Cannot Be Dismissed Under Order VII Rule 11 CPC; Section 96 Moratorium Only Stays Pending Actions: Calcutta High Court Senior Citizens Not Technologically Savvy Cannot Be Penalized For Not Checking Case Status On Court Website: Tripura High Court Telangana High Court Quashes Case Against CM Revanth Reddy Over 2019 Election Roadshow, Cites Bar Under Section 195 CrPC Maintenance Tribunal Orders Passed Without Mandated Three-Member Coram Are A Nullity: Punjab & Haryana High Court School Register Entry Regarding Date Of Birth Lacks Probative Value Unless Source Of Information Is Proved: Madhya Pradesh High Court Sets Aside POCSO Conviction Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court Will | Disinheriting Caring Spouse In Favour Of Non-Relatives Is An ‘Unnatural Disposition’ Raising Grave Suspicion: Supreme Court Registration Does Not Automatically Validate Will If Process Is Shrouded In Suspicion; Testator's Illiteracy Increases Burden On Propounder: Supreme Court Propounder Faces Heavy Burden Of Proof When Testator Is Illiterate; Registration Does Not Cure Unexplained Suspicious Circumstances: Supreme Court

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