The Punjab High Court, in Bhawana Gupta and others v/s State of Punjab (CRM-M-23437-2023), held that continuance of a citizen in custody without there being a mandate of law i.e. illegal custody cannot be permitted. The judgement was presided by Honorable Mr. Justice George Masih.
FACTS OF THE CASE:
This order was go in in the context of the ongoing case of the arrest of a TV journalist along with the crew. Learned counsel for the petitioners contended that, out of the 3 arrested, the other 2 should also be granted interim relief, as bestowed on petitioner 1. The learned counsel also contended that the complaints were majorly against petitioner 1, on grounds of SC and ST (prevention of atrocities act) 1989. The complainant held rash driving of vehicle by the petitioners and thereby ramming the vehicle into the complainant that led to injuries on her right hand as well damage to her phone. The learned counsel for the petitioners held that the officers who arrested the petitioner, did not provide an opportunity to submit bail bonds. It was further contended that the petitioners were taken into judicial remand by the special court, in a mechanical manner, without ascertaining the offences committed by them.
JUDGEMENT:
The court held that the officers who arrested the petitioners should have made them aware of the remedy of release on submission of bail bonds. It was held that, during both the stages of Duty Magistrate and the Special Court, the provisions of the statute were not actually gone into or seen. In a mechanical manner, the orders of remand and arrest were passed. “Continuance of a citizen in custody without there being a mandate of law i.e. illegal custody cannot be permitted. A Court and that too, a Constitutional Court, when comes to know of the same, cannot shut its eyes to the same.” was held by the court. The court upheld the right to life and personal Liberty of a citizen and also highlight section 482 CrPC read along with article 21.
JUDGEMENT REVIEWED BY ARYA THAKUR.
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