MUKHWANT SINGH v. STATE OF PUNJAB AND OTHERS

Judgment

#1. praying for The present petition has been filed inter alia praying for The present petition has been filed issuance of a writ of of a writ of habeas corpus or any other appropriate writ or any other appropriate writ/order or direction against - against respondents No.1 to 5, to forthwith produce the detenue to forthwith produce the detenue- Jobanpreet . It is further Singh who is the son of the present petitioner. It is further Singh who is the son of the present petitioner prayed that appropriate direction be issued to prayed that appropriate the arrest of the issued to declare the arrest of the detenue in FIR No.90 dated 30.05.2026, registered at Police Station detenue in FIR No.90 dated 30.05.2026, registered at Police Station detenue in FIR No.90 dated 30.05.2026, registered at Police Station detenue in FIR No.90 dated 30.05.2026, registered at Police Station Majitha, District Amritsar Rural as illegal Majitha, District Amritsar Rural as illegal and further prayed for production of all the video recordings, CCTV footage and preservation and production of all the video recordings, CCTV footage and production of all the video recordings, CCTV footage and preservation CRWP-6620 6620-2026 (O&M) -2- rtaining to the arrest, concealment and other electronic evidence pertaining to the arrest, concealment and rtaining to the arrest, concealment and other electronic evidence pe detention of the detenue. detention of the detenue.

#2. In furtherance to the order dated 01.06.2026, learned State In furtherance to the order dated 01.06.2026, learned State In furtherance to the order dated 01.06.2026, learned State 1 by way of an counsel has filed short reply along with Annexure R-1 by way of an counsel has filed short reply along with Annexure R counsel has filed short reply along with Annexure R t of Police, affidavit of Mr. Kamalmeet Singh, PPS, Deputy Superintendent of Police, affidavit of Mr. Kamalmeet Singh, PPS, Deputy Superintenden affidavit of Mr. Kamalmeet Singh, PPS, Deputy Superintenden Division Majitha, Amritsar (Rural) on behalf of respondents No.1 to 5 Sub-Division Majitha, Amritsar (Rural) on behalf of respondents No.1 to 5 Division Majitha, Amritsar (Rural) on behalf of respondents No.1 to 5 Division Majitha, Amritsar (Rural) on behalf of respondents No.1 to 5 to complete the pleadings. The same is taken on record. to complete the pleadings. The same is taken on record. to complete the pleadings. The same is taken on record.

#3. Bhatia, learned filing counsel, who is present in Mr. Saurav Bhatia, learned filing counsel, who is present in Bhatia, learned filing counsel, who is present in , Court, submits that the present petition was, in fact, filed on 01.06.2026, Court, submits that the present petition was, Court, submits that the present petition was, however, in the index and memo of parties, 24.05.2026 has been mentioned however, in the index and memo of parties, 24.05.2026 has been mentioned however, in the index and memo of parties, 24.05.2026 has been mentioned however, in the index and memo of parties, 24.05.2026 has been mentioned merely a typographical error occasioned by instead of 01.06.2026, which is merely a typographical error occasioned by merely a typographical error occasioned by instead of 01.06.2026, which is oversight and not by any mala fide intention. oversight and not by any further points intention. Learned counsel further points ut that the filing stamp clearly records that the petition was filed on out that the filing stamp clearly records that the petition was filed on ut that the filing stamp clearly records that the petition was filed on ut that the filing stamp clearly records that the petition was filed on

01.06.2026 and that his Vakalatnama/Power of Attorney is also dated 01.06.2026 and that his Vakalatnama/Power of Attorney is also dated 01.06.2026 and that his Vakalatnama/Power of Attorney is also dated 01.06.2026 and that his Vakalatnama/Power of Attorney is also dated

01.06.2026. It is further submitted that there is 01.06.2026. typographical error that there is also typographical error e petition, though his Aadhaar Card regarding the age of the petitioner in the petition, though his Aadhaar Card e petition, though his Aadhaar Card regarding the age of the petitioner in th which clearly demonstrate his correct age. has been placed on record which clearly demonstrate his correct age. which clearly demonstrate his correct age. has been placed on record no objection regarding the said discrepancy was ever raised by Moreover, no objection regarding the said discrepancy was ever raised by no objection regarding the said discrepancy was ever raised by no objection regarding the said discrepancy was ever raised by the Registry at the time of filing. He submits that petitions seeking a writ the Registry at the time of filing. He submits that petitions seeking a writ of habeas corpus are often prepared and filed with urgency and, therefore, habeas corpus are often prepared and filed with urgency and, therefore, habeas corpus are often prepared and filed with urgency and, therefore, habeas corpus are often prepared and filed with urgency and, therefore, Nonetheless he tendered unconditional such an inadvertent error occurred. Nonetheless he tendered unconditional Nonetheless he tendered unconditional such an inadvertent error

4.05.2026 be read as apology for the same and prays that the said date i.e. 24.05.2026 be read as apology for the same and prays that the said date i.e. 2 apology for the same and prays that the said date i.e. 2

01.06.2026 and the correct age of petitioner be read as 65 01.06.2026 and the correct ag e of petitioner be read as 65 instead of 36. CRWP-6620 6620-2026 (O&M) -3-

#4. Learned arguing counsel for the petitioner has opened his counsel for the petitioner has opened his arguments by submitting that the present petition arguments by submitting that the issuance of a writ petition seeking issuance of a writ in the nature of habeas corpus is maintainable for the reason that the in the nature of habeas corpus is maintainable for the reason that the in the nature of habeas corpus is maintainable for the reason that the in the nature of habeas corpus is maintainable for the reason that the detention of the detenue is illegal from its very inception, as the detention of the detenue is illegal from its very inception, as the detention of the detenue is illegal from its very inception, as the detention of the detenue is illegal from its very inception, as the constitutional mandate envisaged under Article 22(1) of the Constitution of constitutional mandate envisaged under Article 22(1) of the Constitution of constitutional mandate envisaged under Article 22(1) of the Constitution of constitutional mandate envisaged under Article 22(1) of the Constitution of India, read with Section 35 of the BNSS, 2023 India, read with Section 35 of the , and the settled principles of BNSS, 2023, and the settled principles of law laid down by the Hon'ble Apex Court in law laid down by the Hon'ble Apex Vihan Kumar v. State of ourt in Vihan Kumar v. State of , have been blatantly violated. (2025) 5 Supreme Court Cases 799, have been blatantly violated. (2025) 5 Supreme Court Cases 799 Haryana (2025) 5 Supreme Court Cases 799

#5. dmittedly, as per the allegations It is further submitted that admittedly, as per the allegations dmittedly, as per the allegations levelled in the FIR, the dat in the FIR, the date of the incident is 26.05.2026, however, th e FIR e of the incident is 26.05.2026, however, the FIR came to be o be registered on 30.05.2026. The authorities have registered on 30.05.2026. The authorities have failed to demonstrate any compelling circumstances demonstrate arrest compelling circumstances justifying the initial arrest without comply Section 35 of BNSS, 2023. Consequently, without comply Section 35 of BNSS, 2023 he has been kept . Consequently, he has been kept in illegal detention throughout. Mere subsequent in illegal detention throughout. the detenue Mere subsequent production of the detenue before a Court of competent jurisdiction to obtain the before a Court of competent jurisdiction remand would not to obtain the remand would not cure such initial compliance, and the actions of the authorities cannot initial non-compliance, and the actions of the authorities cannot compliance, and the actions of the authorities cannot be brushed under the carpet. The fundamental right to life and personal be brushed under the carpet. The fundamental right to life and personal be brushed under the carpet. The fundamental right to life and personal be brushed under the carpet. The fundamental right to life and personal f the detenue has been put in peril by the blatant violation of the liberty of the detenue has been put in peril by the blatant violation of the f the detenue has been put in peril by the blatant violation of the f the detenue has been put in peril by the blatant violation of the rule of law.

#6. Learned counsel for the petitioner heavily relies upon Learned counsel for the petitioner heavily relies upon Learned counsel for the petitioner heavily relies upon

paragraphs 9 to 11 of the status report and submits that the FIR was paragraphs 9 to 11 of the status report and submits that the FIR was paragraphs 9 to 11 of the status report and submits that the FIR was paragraphs 9 to 11 of the status report and submits that the FIR was specific assertion in the registered at 8:47 p.m. on 30.05.2026. It is a specific assertion in the registered at 8:47 p.m. on 30.05.2026. It is a registered at 8:47 p.m. on 30.05.2026. It is a petition that the detenue was illegally detained at about 5:30 a.m. on petition that the detenue was illegally detained at about 5:30 a.m. on petition that the detenue was illegally detained at about 5:30 a.m. on petition that the detenue was illegally detained at about 5:30 a.m. on

31.05.2026. Learned counsel further submits that after registration of the 31.05.2026. Learned counsel further submits that after registration of the 31.05.2026. Learned counsel further submits that after registration of the 31.05.2026. Learned counsel further submits that after registration of the CRWP-6620 6620-2026 (O&M) -4- FIR at 8:47 p.m., and even after the change of the Investigating Officer, the FIR at 8:47 p.m., and even after the change of the Investigating Officer, the FIR at 8:47 p.m., and even after the change of the Investigating Officer, the FIR at 8:47 p.m., and even after the change of the Investigating Officer, the ities allegedly visited the place of occurrence, prepared a rough site authorities allegedly visited the place of occurrence, prepared a rough site ities allegedly visited the place of occurrence, prepared a rough site ities allegedly visited the place of occurrence, prepared a rough site plan, and conducted raids, however, no plan, and conducted raids no incriminating evidence was . He further submits that neither any valid medical examination recovered. He further submits that neither any valid medical examination . He further submits that neither any valid medical examination . He further submits that neither any valid medical examination he alleged incident dated report nor any forensic report pertaining to the alleged incident dated report nor any forensic report pertaining to t report nor any forensic report pertaining to t

26.05.2026 had been received at that stage. 26.05.2026 had been received at that stage.

#7. It is further submitted that, as per paragraph 10 of the status It is further submitted that, as per paragraph 10 of the status It is further submitted that, as per paragraph 10 of the status report, it has been stated that the Investigating Officer received secret report, it has been stated that the Investigating Officer received secret report, it has been stated that the Investigating Officer received secret report, it has been stated that the Investigating Officer received secret al offender, was making efforts information that the detenue, being a habitual offender, was making efforts information that the detenue, being a habitu information that the detenue, being a habitu to flee abroad in order to evade the process of law and that, if a raid was to flee abroad in order to evade the process of law and that, if a raid to flee abroad in order to evade the process of law and that, if a raid conducted, he could be apprehended. conducted, he could be apprehended.

#8. Learned counsel for the petitioner submits that the said action Learned counsel for the petitioner submits that the said action Learned counsel for the petitioner submits that the said action of the authorities was in clear violation of Section 103 of the of the authorities was in clear violation of , Section 103 of the BNSS, 2023, as they allegedly entered the house illegally without following due process as they allegedly entered the house illegally without following due process as they allegedly entered the house illegally without following due process as they allegedly entered the house illegally without following due process of law, much less obtaining any warrant. It is submitted that even if the of law, much less obtaining any warrant. It is submitted that even if the of law, much less obtaining any warrant. It is submitted that even if the of law, much less obtaining any warrant. It is submitted that even if the g version of the authorities is accepted to be correct that the Investigating version of the authorities is accepted to be correct that the Investigatin version of the authorities is accepted to be correct that the Investigatin Officer raided the house and apprehended the detenue from there, even Officer raided the house and apprehended the detenue from there Officer raided the house and apprehended the detenue from there there is no explanation as to why a notice under Section 35 of the then, there is no explanation as to why a notice under Section 35 of the there is no explanation as to why a notice under Section 35 of the there is no explanation as to why a notice under Section 35 of the BNSS, 2023 was not served upon him then and there. BNSS, 2023 is no was not served upon him then and there. Further there is no explanation coming forth as to why the arrest explanation was not shown rrest of the detenue was not shown by the State is house itself, especially when the admitted position by the State is house itself, especially when the admitted position from his house itself, especially when the admitted position that the detenue was arrested at the police station in the morning of that the detenue was arrested at the police station in the morning that the detenue was arrested at the police station in the morning . 31.05.2026. CRWP-6620 6620-2026 (O&M) -5-

#9. Learned counsel for the petitioner vehemently at, the petitioner vehemently submitted that, in fact, the entire action of the authorities has been taken at the behest of the in fact, the entire action of the authorities has been taken at the behest of the in fact, the entire action of the authorities has been taken at the behest of the in fact, the entire action of the authorities has been taken at the behest of the ruling political party. It is contended that after ruling political party. results of after the declaration of results of the municipal elections the present action has been initiated in blatant municipal elections, the present action has been initiated in blatant the present action has been initiated in blatant abuse of the process of law against the detenue abuse of the pr to be an the detenue who happened to be an election agent agent of Non Ruling Party from Ward No. 2 . from Ward No. 2 of Majitha, Amritsar. Learned counsel submits that due to the illegal arrest of detenue, the Learned counsel submits that due to the illegal arrest of detenue, Learned counsel submits that due to the illegal arrest of detenue, fundamental rights, including the right to fundamental rights, including the life and personal liberty of the life and personal liberty of the detenue, have been seriously jeopardized detenue, have been seriously jeopardized

#10. Learned counsel for the petitioner vehemently relied upon the petitioner vehemently relied upon the Vihaan Kumar Vs. State judgments passed by the Hon’ble Apex in case of Vihaan Kumar Vs. State judgments passed by the Hon’ble Apex in case of judgments passed by the Hon’ble Apex in case of Prabir of Haryana and Anr.(2025) Supreme Court Cases 799 and Prabir of Haryana and Anr.(2025) Supreme Court Cas of Haryana and Anr.(2025) Supreme Court Cas Purkayastha Vs. State (NCT of Delhi) 8 Supreme Court cases 254 to Purkayastha Vs. State (NCT of Delhi) 8 Supreme Court cases 254 Purkayastha Vs. State (NCT of Delhi) 8 Supreme Court cases 254 substantiate his arguments that the fundamental rights as envisaged under substantiate his arguments that the fundamental rights as envisaged under substantiate his arguments that the fundamental rights as envisaged under substantiate his arguments that the fundamental rights as envisaged under the Constitution of India have been violated and especially Article 22(1) of the Constitution of India have been violated and especially Article 22(1) the Constitution of India have been violated and especially Article 22(1) India, due to the reason that no compliance of the basic the Constitution of India, due to the reason that no compliance of the basic India, due to the reason that no compliance of the basic the Constitution of requirement of informing the grounds of arrest requirement of informing the at the earliest to the person grounds of arrest at the earliest to the person makes the arrest vitiated. It is further submitted that only to cover makes the arrest vitiated. It is further submitted detained makes the arrest vitiated. It is further submitted up the misdeeds, the authorities though illegally up the misdeeds apprehended the detenue llegally apprehended the detenue showed him to his home in the wee hours of 31.05.2026, purposefully showed him to his home in the wee hours of 31.05.2026 from his home in the wee hours of 31.05.2026 have been arrested in the police station. Learned counsel further submits have been arrested in the police station. Learned counsel further submits have been arrested in the police station. Learned counsel further submits have been arrested in the police station. Learned counsel further submits that the authorities have admitted that they conducted raid in the residential that the authorities have admitted that they conducted raid in the resident that the authorities have admitted that they conducted raid in the resident premises of the petitioner but the said act is also in direct violation of premises of the petitioner but the said act is also in direct violation of premises of the petitioner but the said act is also in direct violation of premises of the petitioner but the said act is also in direct violation of Section 103 of BNSS, 2023, 2023 as the authorities Section 103 of were not empowered to the authorities were not empowered to CRWP-6620 6620-2026 (O&M) -6- raid the house without any search warrants. Learned counsel submits that a raid the house without any search warrants. Learned counsel submits that a raid the house without any search warrants. Learned counsel submits that a raid the house without any search warrants. Learned counsel submits that a the alleged memo/grounds of arrest only perusal of the FIR read with the alleged memo/grounds of arrest only the alleged memo/grounds of arrest only perusal of the FIR read with bailable offence but this record that one of the section invoked is non-bailable offence but this record that one of the section invoked is non record that one of the section invoked is non cannot be a ground to arrest as the sentence for such an offence was less cannot be a ground to arrest as the sentence for such an offence was less cannot be a ground to arrest as the sentence for such an offence was less cannot be a ground to arrest as the sentence for such an offence was less than seven years and therefore, the dicta of Hon’ble Supreme Court in case than seven years and therefore, the dicta of Hon’ble Supreme Court in than seven years and therefore, the dicta of Hon’ble Supreme Court in 8 Supreme Court Arnesh Kumar Vs. State of Bihar and Anr.(2014) 8 Supreme Court Arnesh Kumar Vs. State of Bihar and of Arnesh Kumar Vs. State of Bihar and Cases 273 and subsequently the judicial pronouncement in the case of and subsequently the judicial pronouncement in the case of and subsequently the judicial pronouncement in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Satender Kumar Antil Vs. Central Bureau of Investigation and Satender Kumar Antil Vs. Central Bureau of Investigation and Satender Kumar Antil Vs. Central Bureau of Investigation and Anr.(2022)10 Supreme Court cases 51 had to be followed Anr.(2022)10 Supreme Court cases 51 had to be followed strictly.

#11. Learned Senior counsel on behalf of the State has Per contra, Learned Senior counsel on behalf of the State has Learned Senior counsel on behalf of the State has vehemently argued vehemently argued vehemently argued the present petition the present petition the present petition meditated and is pre-meditated and is pre is pre orchestrated as a political spectacle. Learned Senior counsel orchestrated as a political submits that Learned Senior counsel submits that the detenue was arrested in FIR No. 90 dated 30.05.2026 the detenue was arrested in FIR No. in accordance 90 dated 30.05.2026 in accordance al Court/Illaqa Magistrate with law and was produced before the learned Trial Court/Illaqa Magistrate with law and was produced before the learned Tri with law and was produced before the learned Tri on the very same day. The Senior counsel for the State emphasized on the on the very same day. The Senior counsel for the State emphasized on the on the very same day. The Senior counsel for the State emphasized on the on the very same day. The Senior counsel for the State emphasized on the n the said date and the order passed by the learned proceedings conducted on the said date and the order passed by the learned n the said date and the order passed by the learned proceedings conducted o Trial Court to substantiate the contention that the petitioner, who was duly Trial Court to substantiate the contention that the petitioner, who was duly Trial Court to substantiate the contention that the petitioner, who was duly Trial Court to substantiate the contention that the petitioner, who was duly before the learned Trial Court/Illaqa represented in the proceedings before the learned Trial Court/Illaqa before the learned Trial Court/Illaqa represented in the proceedings Magistrate, deliberately concealed this material fact whil Magistrate, deliberately e pursuing the concealed this material fact while pursuing the present petition on 01.06.2026. It is further contended that there is no present petition on 01.06.2026. It is further contended that there is no present petition on 01.06.2026. It is further contended that there is no present petition on 01.06.2026. It is further contended that there is no counsel reference to the said fact in the pleadings as well. Learned Senior counsel reference to the said fact in the pleadings as well. Learned Senior reference to the said fact in the pleadings as well. Learned Senior further submits that it is a settled proposition of law that once a for the State further submits that it is a settled proposition of law that once a further submits that it is a settled proposition of law that once a for the State s been arrested in an FIR and produced before a Court of detenue has been arrested in an FIR and produced before a Court of s been arrested in an FIR and produced before a Court of s been arrested in an FIR and produced before a Court of competent jurisdiction, a writ in the nature of habeas corpus is ordinarily competent jurisdiction, a writ in the nature of habeas corpus is ordinarily competent jurisdiction, a writ in the nature of habeas corpus is ordinarily competent jurisdiction, a writ in the nature of habeas corpus is ordinarily CRWP-6620 6620-2026 (O&M) -7- not maintainable, as the detenue can no longer be said to be under illegal not maintainable, as the detenue can no longer be said to be under illegal not maintainable, as the detenue can no longer be said to be under illegal not maintainable, as the detenue can no longer be said to be under illegal tled to seek issuance of a writ detention. Therefore, the petitioner is not entitled to seek issuance of a writ detention. Therefore, the petitioner is not enti detention. Therefore, the petitioner is not enti of habeas corpus in the present case. of habeas corpus in the present case.

#12. Learned Senior counsel for the State further submits that it is Learned Senior counsel for the State further submits that it is Learned Senior counsel for the State further submits that it is 70 unknown persons pertinent to mention that a group of approximately 60–70 unknown persons pertinent to mention that a group of approximately 60 pertinent to mention that a group of approximately 60 and forcibly allegedly gathered and attacked at the police station Majitha and forcibly allegedly gathered and attacked at the polic allegedly gathered and attacked at the polic brought the detenue before the media with an intent to create a political brought the detenue before the media with an intent to create a political brought the detenue before the media with an intent to create a political brought the detenue before the media with an intent to create a political it was only with Learned Senior State counsel maintains that it was only with Learned Senior State counsel maintains that spectacle. Learned Senior State counsel maintains that considerable difficulty that the detenue was restored to lawful custody. considerable difficulty that the detenue was restored to lawful custody. considerable difficulty that the detenue was restored to lawful custody. considerable difficulty that the detenue was restored to lawful custody. izing his submissions, learned Senior counsel for the State Summarizing his submissions, learned Senior counsel for the State izing his submissions, learned Senior counsel for the State izing his submissions, learned Senior counsel for the State contends that the essential ingredients for issuance of a writ in the nature of contends that the essential ingredients for issuance of a writ in the nature of contends that the essential ingredients for issuance of a writ in the nature of contends that the essential ingredients for issuance of a writ in the nature of submits habeas corpus are not satisfied in the present case. Learned counsel submits habeas corpus are not satisfied in the present case. Learned habeas corpus are not satisfied in the present case. Learned r to challenge any alleged illegality in that it is always open to the petitioner to challenge any alleged illegality in r to challenge any alleged illegality in that it is always open to the petitione the proceedings before the appropriate Court of competent jurisdiction. In the proceedings before the appropriate Court of competent jurisdiction. In the proceedings before the appropriate Court of competent jurisdiction. In the proceedings before the appropriate Court of competent jurisdiction. In support of his submissions, he relies upon the judgment passed by the support of his submissions, he relies upon the judgment passed by the support of his submissions, he relies upon the judgment passed by the support of his submissions, he relies upon the judgment passed by the State of Maharashtra and ors. Vs. Tasneem Hon'ble Supreme Court in State of Maharashtra and ors. Vs. Tasneem State of Maharashtra and ors. Vs. Tasneem Hon'ble Supreme Court in Rizwan Siddiquee wan Siddiquee arising out of SLP (Crl.) No.2846 of 2018, Rahul Modi arising out of SLP (Crl.) No.2846 of 2018, Rahul Modi and Anr. Etc. with Transfer petition (Crl.) No.35 of 2019, Serious Fraud and Anr. Etc. with Transfer petition (Crl.) No.35 of 2019, Serious Fraud and Anr. Etc. with Transfer petition (Crl.) No.35 of 2019, Serious Fraud and Anr. Etc. with Transfer petition (Crl.) No.35 of 2019, Serious Fraud V. Investigation Officer and Anr. Vs. Vivek Harivyasi and Ors., and V. Investigation Officer and Anr. Vs. Vivek Harivyasi and Ors Investigation Officer and Anr. Vs. Vivek Harivyasi and Ors Senthil Balaji Vs. The State represented by De Senthil Balaji Vs . The State represented by Deputy Director and Ors. 2024(3) SCC51 2024(3) SCC51

#13. In addition, learned Senior counsel for the State has addressed In addition, learned Senior counsel for the State has addressed In addition, learned Senior counsel for the State has addressed the issue regarding the alleged non-compliance of Section 35 of the the issue regarding the alleged non , compliance of Section 35 of the BNSS,

#2023. Learned Learned Senior counsel for the State submits that the said provision State submits that the said provision CRWP-6620 6620-2026 (O&M) -8- have been duly complied with fact the arrest was made considering been duly complied with and in fact the arrest was made considering fact the arrest was made considering the exceptional circumstances and in furtherance to the exceptional circumstance available and in furtherance to the provisions available under Section 35 of BNSS, 2023 Reliance has been placed upon paragraph Section 35 of BNSS, 2023. Reliance has been placed upon paragraph Reliance has been placed upon paragraph 8 of the judgment of the Hon'ble Supreme Court in 8 of the judgment of the Hon'ble S Arnesh Kumar v. State upreme Court in Arnesh Kumar v. State wherein it has been observed that once the of Bihar and Anr.(supra), wherein it has been observed that once the wherein it has been observed that once the of Bihar and Anr. police, upon due consideration, forms an opinion that arrest is necessary, police, upon due consideration, forms an opinion that arrest is necessary, police, upon due consideration, forms an opinion that arrest is necessary, police, upon due consideration, forms an opinion that arrest is necessary, the requirements under Section 35(3) of BNSS the requirements under Section 35(3) of , 2023 may not operate in the BNSS, 2023 may not operate in the manner sought to be canvassed by the petitioner. manner sought to be canvassed by the petitioner. manner sought to be canvassed by the petitioner.

#14. Learned Senior counsel for the State has further argued that el for the State has further argued that Section 35 of the BNSS, 2023 empowers the authorities to arrest a person, Section 35 of the BNSS, 2023 empowers the authorities to arrest a person, Section 35 of the BNSS, 2023 empowers the authorities to arrest a person, Section 35 of the BNSS, 2023 empowers the authorities to arrest a person, ion, the subject to fulfillment of certain conditions. Under the said provision, the subject to fulfillment of certain conditions. Under the said provis subject to fulfillment of certain conditions. Under the said provis police officer is required to record in writing the reasons for believing, on police officer is required to record in writing the reasons for believing, on police officer is required to record in writing the reasons for believing, on police officer is required to record in writing the reasons for believing, on the basis of a complaint, information, or suspicion, that such individual has the basis of a complaint, information, or suspicion, that such individual has the basis of a complaint, information, or suspicion, that such individual has the basis of a complaint, information, or suspicion, that such individual has committed an offence. Furthermore, it is submitted that committed an offence. Furthermore, it is the authorities have submitted that the authorities have with the said requirement and recorded their satisfaction that duly complied with the said requirement and recorded their satisfaction that with the said requirement and recorded their satisfaction that duly complied the arrest was necessary to prevent the person from committing any further the arrest was necessary to prevent the person from committing any further the arrest was necessary to prevent the person from committing any further the arrest was necessary to prevent the person from committing any further offence, to facilitate proper investigation of the offence, to prevent the offence, to facilitate proper investigation of the offence, to prevent the offence, to facilitate proper investigation of the offence, to prevent the offence, to facilitate proper investigation of the offence, to prevent the ewith. Additionally the arrest disappearance of evidence or tampering therewith. Additionally the arrest disappearance of evidence or tampering ther disappearance of evidence or tampering ther is intended to prevent the accused from making any inducement, threat, or is intended to prevent the accused from making any inducement, threat, or is intended to prevent the accused from making any inducement, threat, or is intended to prevent the accused from making any inducement, threat, or promise to any person acquainted with the facts of the case so as to promise to any person acquainted with the facts of the case so as to promise to any person acquainted with the facts of the case so as to promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing those facts to the Court or to the dissuade such person from disclosing those facts to the Court or to the dissuade such person from disclosing those facts to the Court or to the dissuade such person from disclosing those facts to the Court or to the police.

#15. Learned Senior counsel for the submits that there for the State further submits that there was specific secret information received to was specific that the detenue the authorities that the detenue CRWP-6620 6620-2026 (O&M) -9- secret information was found to was likely to flee the country and the said secret information was found to secret information was found to was likely to flee the country the detenue was arrested from his be reasonably credible and consequently the detenue was arrested from his the detenue was arrested from his be reasonably credible house on 31.05.2026 at about 9:15 a.m. and was apprehended strictly in house on 31.05.2026 at about 9:15 a.m. and was apprehended strictly in house on 31.05.2026 at about 9:15 a.m. and was apprehended strictly in house on 31.05.2026 at about 9:15 a.m. and was apprehended strictly in Learned Senior accordance with law and after following due process. Learned Senior accordance with law and after following due process. accordance with law and after following due process. counsel for the State has emphatically relied upon paragraph 8 counsel for the State of the has emphatically relied upon paragraph 8 of the the petitioner along with local political leaders petition, wherein, the petitioner along with local political leaders the petitioner along with local political leaders petition, wherein, admitted that they conducted a massive search at various themselves have admitted that they conducted a massive search at various admitted that they conducted a massive search at various themselves have police stations, which demonstrates their own conduct and intention. police stations, which demonstrates their own conduct and intention. police stations, which demonstrates their own conduct and intention.

#16. State has summarized his Learned Senior Counsel for the State has summarized his Learned Senior Counsel for the arguments by submitting that the present petition is not maintainable from arguments by submitting that the present petition is not maintainable from arguments by submitting that the present petition is not maintainable from arguments by submitting that the present petition is not maintainable from Learned its very inception on account of suppression of material facts. Learned its very inception on account of suppression of material facts. its very inception on account of suppression of material facts. that the detenue was arrested at 9:15 Senior counsel for the State submits that the detenue was arrested at 9:15 that the detenue was arrested at 9:15 Senior counsel

1.05.2026 and was produced before a Court of competent a.m. on 31.05.2026 and was produced before a Court of competent 1.05.2026 and was produced before a Court of competent 1.05.2026 and was produced before a Court of competent jurisdiction on the same day. The request for police remand was jurisdiction on the same day. The request for police remand was jurisdiction on the same day. The request for police remand was jurisdiction on the same day. The request for police remand was vehemently contested by the petitioner, yet two days' police remand was vehemently contested by the petitioner, yet two days' police remand was vehemently contested by the petitioner, yet two days' police remand was vehemently contested by the petitioner, yet two days' police remand was granted.

#17. Learned Senior counsel for the State has reiterated the Learned Senior counsel for the , as recorded in paragraph 25 of the status report, and submits contentions, as recorded in paragraph 25 of the status report, and submits , as recorded in paragraph 25 of the status report, and submits , as recorded in paragraph 25 of the status report, and submits that neither the order dated 31.05.2026 nor the order dated 02.06.2026 has that neither the order dated 31.05.2026 nor the order dated 02.06.2026 has that neither the order dated 31.05.2026 nor the order dated 02.06.2026 has that neither the order dated 31.05.2026 nor the order dated 02.06.2026 has been challenged, hence once the petitioner is not challenging the remand been challenged, hence once the petitioner is not challenging the remand been challenged, hence once the petitioner is not challenging the remand been challenged, hence once the petitioner is not challenging the remand d Judicial Magistrate there arises no occasion order passed by the concerned Judicial Magistrate there arises no occasion d Judicial Magistrate there arises no occasion order passed by the concerne to declare the arrest of the detenue illegal. It is vehemently argued that to declare the arrest of the detenue illegal. It is vehemently argued that to declare the arrest of the detenue illegal. It is vehemently argued that to declare the arrest of the detenue illegal. It is vehemently argued that there is a distinction between "detention" and "custody" and both are two there is a distinction between "detention" and "custody" and both are two there is a distinction between "detention" and "custody" and both are two there is a distinction between "detention" and "custody" and both are two e petition was separate concepts. Admittedly, in the present case, when the petition was separate concepts. Admittedly, in the present case, when th separate concepts. Admittedly, in the present case, when th CRWP-6620 6620-2026 (O&M) -10- filed, the detenue was not under detention but was already in judicial filed, the detenue was not under detention but was already in judicial filed, the detenue was not under detention but was already in judicial filed, the detenue was not under detention but was already in judicial been produced before a Court of competent jurisdiction custody, who had been produced before a Court of competent jurisdiction been produced before a Court of competent jurisdiction custody, who h in accordance with law. in accordance with law.

#18. further submits that even Learned Senior counsel for the State further submits that even Learned Senior counsel for the State it is presumed that a copy of the order dated 31.05.2026 was not available if it is presumed that a copy of the order dated 31.05.2026 was not available it is presumed that a copy of the order dated 31.05.2026 was not available it is presumed that a copy of the order dated 31.05.2026 was not available to the petitioner at the time of filing the petition, the petitioner nevertheless to the petitioner at the time of filing the petition, the petitioner nevertheless to the petitioner at the time of filing the petition, the petitioner nevertheless to the petitioner at the time of filing the petition, the petitioner nevertheless concealed the factum of such order and failed to even mention it in the concealed the factum of such order and failed to even mention it in the concealed the factum of such order and failed to even mention it in the concealed the factum of such order and failed to even mention it in the petition. It is in a habeas corpus petition, this Court cannot It is argued that in a habeas corpus petition, this Court cannot in a habeas corpus petition, this Court cannot examine whether every constitutional mandate relating to arrest has been examine whether every constitutional mandate relating to arrest has been examine whether every constitutional mandate relating to arrest has been examine whether every constitutional mandate relating to arrest has been complied with, as such issues are required to be adjudicated in appropriate complied with, as such issues are required to be adjudicated in appropriate complied with, as such issues are required to be adjudicated in appropriate complied with, as such issues are required to be adjudicated in appropriate he order dated proceedings before the competent forum. More importantly, the order dated proceedings before the competent forum. More importantly, t proceedings before the competent forum. More importantly, t

31.05.2026 has never been challenged. 31.05.2026 has never been challenged.

#19. Learned Senior counsel for the State further submits that after for the State further submits that after completion of police remand, the detenue was again produced before the completion of police remand, the detenue was again produced before the completion of police remand, the detenue was again produced before the completion of police remand, the detenue was again produced before the learned trial Court on 02.06.2026 and was remanded to judicial learned trial custody. Court on 02.06.2026 and was remanded to judicial custody. The petitioner or the detenue always has appropriate remedies available The petitioner or the detenue always has appropriate remedies available The petitioner or the detenue always has appropriate remedies available The petitioner or the detenue always has appropriate remedies available under law to seek necessary reliefs; however, the extraordinary writ under law to seek necessary reliefs; however, the extraordinary writ under law to seek necessary reliefs; however, the extraordinary writ under law to seek necessary reliefs; however, the extraordinary writ jurisdiction of this Court cannot be invoked as a substitute for seeking bail. jurisdiction of this Court cannot be invoked as a substitute for seeking bail. jurisdiction of this Court cannot be invoked as a substitute for seeking bail.

#20. Learned Senior counsel for the State has reiterated his l for the State has reiterated his contention that the detenue was never under illegal detention and that, even contention that the detenue was never under illegal detention and that, even contention that the detenue was never under illegal detention and that, even contention that the detenue was never under illegal detention and that, even assuming that he remained in detention for a brief period, such detention assuming that he remained in detention for a brief period, such detention assuming that he remained in detention for a brief period, such detention assuming that he remained in detention for a brief period, such detention converted into lawful custody upon his production before the was converted into lawful custody upon his production before the converted into lawful custody upon his production before the converted into lawful custody upon his production before the competent Court and passing of remand orders. Therefore, the tent Court and subsequent passing of remand orders. Therefore, the passing of remand orders. Therefore, the legal parameters governing a writ of habeas corpus would undergo a legal parameters governing a writ of habeas corpus would undergo a legal parameters governing a writ of habeas corpus would undergo a legal parameters governing a writ of habeas corpus would undergo a CRWP-6620 6620-2026 (O&M) -11- material change, and a person who is in custody pursuant to a valid judicial material change, and a person who is in custody pursuant to a valid judicial material change, and a person who is in custody pursuant to a valid judicial material change, and a person who is in custody pursuant to a valid judicial order cannot ordinarily seek release by way of a writ of habeas corpus. order cannot ordinarily seek release by way o order cannot ordinarily seek release by way o

#21. To rebut the contentions of the learned Senior counsel for the To rebut the contentions of the learned Senior counsel for the To rebut the contentions of the learned Senior counsel for the this Court was State, learned counsel for the petitioner submits that this Court was State, learned counsel for the petitioner submits that State, learned counsel for the petitioner submits that apprised on the first date of hearing with regard to the proceedings of apprised on the first date of hearing with regard to the proceedings of apprised on the first date of hearing with regard to the proceedings of apprised on the first date of hearing with regard to the proceedings of 6 but reiterates that since the entire act and conduct of the 31.05.2026 but reiterates that since the entire act and conduct of the 6 but reiterates that since the entire act and conduct of the 6 but reiterates that since the entire act and conduct of the right from the inception demonstrates that the authorities have right from the inception demonstrates that the authorities authorities right from the inception demonstrates that the authorities acted in an absolutely illegal manner and the reasons recorded in in an absolutely illegal manner and the reasons recorded in absolutely illegal manner and the reasons recorded in compliance of Section 35 of BNSS, 2023 compliance of Section 35 of e petitioner without to arrest the petitioner without do not find mention in the grounds of arrest, wherein it giving him notice, do not find mention in the grounds of arrest, wherein it do not find mention in the grounds of arrest, wherein it giving him notice bailable offence has been committed. The has been only stated that non-bailable offence has been committed. The bailable offence has been committed. The has been only stated that non entire story of some secret information or the entire story of some detenue information or the allegation that the detenue was preparin g to flee from the country is unfounded and untenable. preparing to flee from the country is unfounded and untenable. g to flee from the country is unfounded and untenable. undertaken by the learned trial court on Furthermore the proceedings undertaken by the learned trial court on undertaken by the learned trial court on Furthermore the proceedings was initially remanded to Police custody 31.05.2026, whereby the detenue was initially remanded to Police custody was initially remanded to Police custody 31.05.2026, whereby the detenue etenue has been and subsequently the order dated 02.06.2026, whereby the detenue has been and subsequently the order dated 02.06.2026, whereby the d and subsequently the order dated 02.06.2026, whereby the d sent to judicial custody are not tenable for the reason that the very inception sent to judicial custody are not tenable for the reason that the very inception sent to judicial custody are not tenable for the reason that the very inception sent to judicial custody are not tenable for the reason that the very inception of the entire process was tainted by illegality of the entire process cannot was tainted by illegality. A subsequent act cannot the illegality committed. cure the illegality committed.

#22. for more than Heard learned counsel for the parties at length for more than Heard learned counsel for the parties at l three hours, however, before proceeding in the matter, let the factual matri three hours, however, x in the matter, let the factual matrix be narrated in tabulated form. The following timeline has been submitted be narrated in tabulated form. The following timeline has been submitted be narrated in tabulated form. The following timeline has been submitted be narrated in tabulated form. The following timeline has been submitted by the counsel for the parties. by the counsel for the parties. Dates Particulars of events Particulars of events CRWP-6620 6620-2026 (O&M)

26.05.2026 -12- The alleged date of occurrence as The alleged date of occurrence in furtherance to which per the FIR in furtherance to which per the FIR the was lodged. the was lodged

30.05.2026 at 8:47 P.M. 30.05.2026 at 8:47 P.M. The FIR No.90 of 30.05.2026 was The FIR lodged with regard to the incident lodged with regard to the incident lodged with regard to the incident which reads as under: which reads as under: Statement of Paramjit Singh alias “Statement of Paramjit Singh alias Statement of Paramjit Singh alias aib Singh, Pamma, son of Sh. Ajaib Singh, Pamma, son of Sh. Aj resident of House No. 173, Ward resident of House No. 173, Ward resident of House No. 173, Ward No. 6, Dera Khunia Da, Majitha, No. 6, Dera Khunia Da, Majitha, No. 6, Dera Khunia Da, Majitha, Tehsil and District Amritsar, aged Tehsil and District Amritsar, aged Tehsil and District Amritsar, aged , about 47 years, Mobile No. xxxx, about 47 years, Mobile No. who stated that I am a resident of who stated that I am a resident of who stated that I am a resident of the aforesaid address and a the aforesaid address and a the aforesaid address and a permanent resident thereof. I am a permanent resident thereof. I am a permanent resident thereof. I am a - former Councilor I am a peace- former abiding citizen of loving and law-abiding citizen of loving and law 2026, at about India. That on 26-05-2026, at about India. That on 26 2:00/2:30 PM I, along with my 2:00/2:30 PM I, along with my 2:00/2:30 PM I, along with my friends Avtar Singh Laddu and friends Avtar Singh Laddu and friends Avtar Singh Laddu and Amritpal Singh, were standing at the Amritpal Singh, were standing at the Amritpal Singh, were standing at the Old Bus Stand, Majitha, where (1) Old Bus Stand, Majitha, where (1) Old Bus Stand, Majitha, where (1) Tejinderpal Tejinderpal Tejinderpal Singh Singh Singh resident resident resident 2) Sonu Boparaı, (3) Majitha, (2) Sonu Boparaı, (3) Majitha, ( Harman Thathia, Harman Thathia, Harman Thathia, (4) Gurinder (4) Gurinder (4) Gurinder Singh alias Tinku resident of Bhoma, Singh alias Tinku resident of Bhoma, Singh alias Tinku resident of Bhoma, (5) Daljit Singh alias Gora resident (5) Daljit Singh alias Gora resident (5) Daljit Singh alias Gora resident of Manga Sarai, (6) Amandeep of Manga Sarai, (6) Amandeep of Manga Sarai, (6) Amandeep Singh resident of Khazana Gate, Singh resident of Khazana Gate, Singh resident of Khazana Gate, Amritsar, Amritsar, Amritsar, (7) Hardeep (7) Hardeep (7) Hardeep Singh Singh Singh resident of Verka, (8) Punjab Singh resident of Verka, (8) Punjab Singh resident of Verka, (8) Punjab Singh t resident residen Village Village Pandorı Pandorı CRWP-6620 6620-2026 (O&M) -13- Waraich, District Amritsar, Waraich, District Amritsar, Waraich, District Amritsar, (9) (9) (9) Balbir Singh alias Bira resident of Balbir Singh alias Bira resident of Balbir Singh alias Bira resident of Sekhwan, District Gurdaspur, (10) Sekhwan, District Gurdaspur, (10) Sekhwan, District Gurdaspur, (10) Joban Singh resident of Abadi Joban Singh resident of Abadi Joban Singh resident of Abadi Varpal, Sohian Kalan, District Varpal, Sohian Kalan, District Varpal, Sohian Kalan, District Amritsar, (11) Harpreet Singh son of Amritsar, (11) Harpreet Singh son of Amritsar, (11) Harpreet Singh son of Dilbagh Singh resident of Angarh, Dilbagh Singh resident of Angarh, Dilbagh Singh resident of Angarh, 12) Harkawal Singh resident of (12) Harkawal Singh resident of 12) Harkawal Singh resident of Village Village Village Bhure Gill, District Bhure Gill, District Bhure Gill, District Amritsar, Amritsar, Amritsar, (13) Navjetan Singh (13) Navjetan Singh (13) Navjetan Singh resident of Ranjit Avenue, Amritsar, resident of Ranjit Avenue, Amritsar, resident of Ranjit Avenue, Amritsar, and along with them, 15/20 unknown and along with them, 15/20 unknown and along with them, 15/20 unknown persons were also present, who were persons were also present, who were persons were also present, who were armed with armed with armed with rifles and pistols, rifles and pistols, rifles and pistols, n arrival, arrived in vehicles and upon arrival, arrived in vehicles and upo they raised a they raised a they raised a lalkara lalkara lalkara (a (a (a challenge) hit me and said, "Catch challenge) hit me and said, "Catch challenge) hit me and said, "Catch him today, don't let him go alive." him today, don't let him go alive." him today, don't let him go alive." Upon Upon Upon this, accused Tejinderpal this, accused Tejinderpal this, accused Tejinderpal Singh hurled many abuses at me, Singh hurled many abuses at me, Singh hurled many abuses at me, targeting my mother and sister, and targeting my mother and sister, and targeting my mother and sister, and scratched my neck with his hand. He scratched my neck with his hand. He scratched my neck with his hand. He me death threats. Accused also gave me death threats. Accused also gave Sonu Boparai tried to remove my Sonu Boparai tried to remove my Sonu Boparai tried to remove my turban, and during the scuffle, he turban, and during the scuffle, he turban, and during the scuffle, he forcibly snatched my gold chain and forcibly snatched my gold chain and forcibly snatched my gold chain and Accused Gurinder took it away. Accused Gurinder took it away Singh @ Tink, Daljit Singh Gora, Singh @ Tink, Daljit Singh Gora, Singh @ Tink, Daljit Singh Gora, Amandeep Singh, Harman Thathian, Amandeep Singh, Harman Thathian, Amandeep Singh, Harman Thathian, the other aforementioned the other aforementioned the other aforementioned persons also jointly engaged in a persons also jointly engaged in a persons also jointly engaged in a scuffle with me, hurled filthy abuses scuffle with me, hurled filthy abuses scuffle with me, hurled filthy abuses CRWP-6620 6620-2026 (O&M) -14- at my mother and sisters, and gave at my mother and sisters, and gave at my mother and sisters, and gave Harkanwal Singh threats. Harkanwal Singh threats Gill engaged in a physical Bharo Gill engaged in a physical Bharo altercation with me. All altercation with me. All altercation with me. All accused persons jointly assaulted me accused persons jointly assaulted me accused persons jointly assaulted me severely and gave death threats. The severely and gave death threats. The severely and gave death threats. The motive for the enmity is that I have motive for the enmity is that I have motive for the enmity is that I have an ongoing an ongoing an ongoing land dispute with land dispute with land dispute with Tejinderpal Singh. That the said Tejinderpal Singh. That the said Tejinderpal Singh. That the said o jointly accused persons have also jointly accused persons have als threatened me that if I file any threatened me that if I file any threatened me that if I file any application etc. against them with application etc. against them with application etc. against them with any senior police officials, they will any senior police officials, they will any senior police officials, they will have me and my family members have me and my family members have me and my family members killed, because they have links with killed, because they have links with killed, because they have links with major gangsters, and they also tell major gangsters, and they also tell major gangsters, and they also tell me that they have links with senior me that they have links with senior me that they have links with senior police officers. That police officers. That police officers. That accused persons are very dangerous accused persons are very dangerous accused persons are very dangerous individuals and are capable of individuals and are capable of individuals and are capable of extreme violence. A threat to my life extreme violence. A threat to my life extreme violence. A threat to my life and property, and that of my family and property, and that of my family and property, and that of my family members, has arisen from the said members, has arisen from the said members, has arisen from the said accused persons. That during the accused persons. That during the accused persons. That during the the code of conduct elections, due to the code of conduct elections, due to being in force by the orders of the being in force by the orders of the being in force by the orders of the Hon'ble D.C. Sahib, Hon'ble D.C. Sahib, Hon'ble D.C. Sahib, individuals came from outside and individuals came from outside and individuals came from outside and As I was committed hooliganism. As I was committed hooliganism busy with the elections, I could not busy with the elections, I could not busy with the elections, I could not get my statement recorded. Today, I get my statement recorded. Today, I get my statement recorded. Today, I have appeared before you. The have appeared before you. The have appeared before you. The CRWP-6620 6620-2026 (O&M) -15- rictest possible legal action should strictest possible legal action should rictest possible legal action should be taken against the said accused be taken against the said accused be taken against the said accused persons and a case be registered persons and a case be registered persons and a case be registered against them under the applicable against them under the applicable against them under the applicable offences. offences. offences. Statement Statement Statement dictated, read over and heard, and is dictated, read over and heard, and is dictated, read over and heard, and is correct. correct.

30.05.2026/31.05.2026 (NIGHT) 30.05.2026/31.05.2026 (NIGHT) tigating Officer of the FIR The Investigating Officer of the FIR The Inves is changed and the new Investigating is changed and the new Investigating is changed and the new Investigating Officer Officer Officer immediately immediately immediately takes action takes action takes action inspected inspected inspected occurrence prepared the rough sight occurrence prepared the rough sight occurrence prepared the rough sight plan and recorded the statement of plan and recorded the statement of plan and recorded the statement of witnesses. witnesses

31.05.2026 at 5.30 A.M. to 6.30 31.05.2026 at 5.30 A.M. to 6.30 by the Investigating officer Ravangi by the Investigating officer Ravangi A.M i.e. in the wee hours A.M i.e. in the to apprehend the dentenue from his apprehend the dentenue from his house (as per the police file raids house (as per the police file raids house (as per the police file raids 02 were conducted at the house of 02 were conducted at the house of accused only out of 10 accused). accused only

31.05.2026 at 9:15 A.M. 31.05.2026 at 9:15 A.M. The police official apprehended and The police official apprehended and The police official apprehended and he detenue to the police brought the detenue to the police brought t Station and his arrest is shown to be Station and his arrest is shown to be Station and his arrest is shown to be around 9:30 A.M. and produced the around 9:30 A.M. and produce detenue detenue detenue before before before Judicial Judicial Judicial Magistrate at around 2:00 P.M. Magistrate at around 2:00 P.M. The Duty/Judicial Magistrate 1st The Class, Amritsar vide order of the Class, Amritsar vide order of the Class, Amritsar vide order of the even date had granted police remand even date had granted police remand even date had granted police remand of the detenue for two days. of the detenue for two days. The present petition has been filed The present petition has been filed The present petition has been filed seeking writ of habeas corpus for seeking writ of habeas

31.05.2026

01.06.2026 CRWP-6620 6620-2026 (O&M) -16-

02.06.2026 release of the detenue from the release of the detenue from the release of the detenue from the The illegal custody of respondents. The illegal custody of respondents. nate Bench of Coordinate Bench of Coordi this Court this Court issued notice of motion and called issued notice of motion and called issued notice of motion and called for the reply from the State. for the reply from the State. The detenue was again produced The detenue was again produced The detenue was again produced before the Duty/Judicial Magistrate before the Duty/Judicial Magistrate before the Duty/Judicial Magistrate 1st Class, Amritsar and his police Class, Amritsar and his police Class, Amritsar and his police remand remand remand is changed is changed is changed judicial judicial judicial custody till 16.06.2026 custody till 16.06.202

03.06.2026 State has filed the reply in the State has filed the reply in the State has filed the reply in the present petition present petition

#23. Article Before further proceeding it is imperative to reproduce Article Before further proceeding it is imperative to reproduce 21 and 22(1) of Constitution of India, which 21 and 22(1) of Constitution of India, which read as under: “21. Protection of life and personal liberty: 21. Protection of life and personal liberty: No person shall be deprived of his life or personal liberty except according to be deprived of his life or personal liberty except according to be deprived of his life or personal liberty except according to procedure established by law.” procedure established by law.” “22. Protection against arrest and detention in certain cases: “22. Protection against arrest and detention in certain cases: (1) No person who is arrested shall be detained in custody No person who is arrested shall be detained in custody No person who is arrested shall be detained in custody y be, of the without being informed, as soon as may be, of the without being informed, as soon as ma grounds for such arrest nor shall he be denied the right grounds for such arrest nor shall he be denied the right grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of to consult, and to be defended by, a legal practitioner of to consult, and to be defended by, a legal practitioner of his choice. xxxx”

#24. Prabir Purkayastha v. State (NCT of In the case of Prabir Purkayastha v. State (NCT of Prabir Purkayastha v. State (NCT of Supreme Court has held [2024(3) RCR(Criminal) 142], the Hon’ble Supreme Court has held [2024(3) RCR(Criminal) 142], the Hon’ble Delhi)[2024(3) RCR(Criminal) 142], the Hon’ble that the person arrested has the fundamental and the statutory right to be that the person arrested has the fundamental and the statutory right to be that the person arrested has the fundamental and the statutory right to be that the person arrested has the fundamental and the statutory right to be informed about the grounds of arrest. The relevant extract of the same is informed about the grounds of arrest. The relevant extract of the same is informed about the grounds of arrest. The relevant extract of the same is informed about the grounds of arrest. The relevant extract of the same is reproduced as under: reproduced as under: CRWP-6620 6620-2026 (O&M) -17- “21. The Right to Life and Personal Liberty is the most “21. The Right to Life and Personal Liberty is the most “21. The Right to Life and Personal Liberty is the most nct fundamental right guaranteed under Articles 20, 21 sacrosanct fundamental right guaranteed under Articles 20, 21 nct fundamental right guaranteed under Articles 20, 21 and 22 of the Constitution of India. Any attempt to encroach and 22 of the Constitution of India. Any attempt to encroach and 22 of the Constitution of India. Any attempt to encroach upon this fundamental right has been frowned upon by this upon this fundamental right has been frowned upon by this upon this fundamental right has been frowned upon by this Court in a catena of decisions. In this regard, we may refer to Court in a catena of decisions. In this regard, we may refer to Court in a catena of decisions. In this regard, we may refer to following observations made by this Court in the case of Roy ions made by this Court in the case of Roy