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

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