The Bombay High Court has declared Arun Ferreira’s arrest illegal, holding that Gadchiroli police officers picked him up outside Nagpur Central Prison in September 2011 without following due process, and has ordered the State to pay him Rs 2 lakh.
Two versions of one arrest memo, and a man still in custody: the Allahabad High Court has ordered a perjury inquiry over a fabricated arrest memo placed before it by the police in a habeas corpus case, and has directed the release of an Aligarh man whose grounds of arrest it found deficient. Prayagraj: While […]
“Sentinel on the qui vive” is how the Allahabad High Court Magistrate Remand ruling describes a Magistrate’s duty at remand, and it holds that a heavy workload is no answer, with the Judicial Training and Research Institute (JTRI), Lucknow, now to prepare training modules. Prayagraj: A habeas corpus petitioner held in a cyber fraud case […]
The Allahabad High Court has held that the arrest of an accused who is already in custody in another case is a fresh arrest, so the grounds of that arrest must be communicated to him under Article 22(1) of the Constitution and Section 48(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Lucknow: The Allahabad High […]
A Division Bench of the Allahabad High Court has set aside the arrest of Raghvendra Dubey in a sand-mining dispute, holding that Chitrakoot police manipulated the time of his arrest and deliberately shut off or deleted three station CCTV feeds, that the grounds of arrest were inadequate, and that police prima facie acted as recovery agents for the complainant, awarding Rs 10,000 compensation and issuing CCTV directions.
The Bombay High Court has quashed the remand and granted bail to a man arrested by the Enforcement Directorate in a money-laundering case, holding that the arrest under Section 19 of the PMLA was illegal for non-compliance with the statutory safeguards. The Court held that the power to arrest under Section 19 carries exacting conditions, and that a court can judicially review the legality of an arrest and the ‘reasons to believe’ on which it rests.