2 min learnChandigarhFeb 20, 2026 07:22 AM IST
In a pointy indictment of the highest administrative and police management of Punjab and Haryana, the Punjab and Haryana Excessive Court has issued present trigger notices to the Director Generals of Police and Chief Secretaries of each states for alleged non-compliance with the Supreme Court’s arrest safeguards laid down in Arnesh Kumar vs State of Bihar.
The order was handed on February 18 by Justice Sudeepti Sharma. The choose famous that regardless of categorical instructions issued by the Supreme Court on July 2, 2014, contempt petitions proceed to be filed alleging violations of the safeguards in opposition to pointless arrests. Describing the scenario as “very unlucky”, the court noticed that compliance affidavits filed by the states in such issues typically amounted to admissions of disobedience.
Within the landmark ruling, the Supreme Court had directed all state governments to be sure that cops don’t mechanically arrest accused individuals in offences punishable with imprisonment up to seven years, together with beneath Part 498-A of the IPC and Part 4 of the Dowry Prohibition Act. The rules require cops to fulfill themselves in regards to the necessity of arrest beneath Part 41 of the CrPC, put together a guidelines earlier than arrest, and ahead causes and supporting materials to the Justice of the Peace. Magistrates had been additionally directed not to authorise detention mechanically and to file causes earlier than granting remand. The apex court had ordered that copies of the judgment be forwarded to the Chief Secretaries and Director Generals of Police of all states and Union Territories, in addition to to the Registrar Generals of Excessive Courts, for onward transmission and strict compliance.
Referring to these instructions, Justice Sudeepti Sharma noticed that contempt petitions are often filed for alleged disobedience of the Supreme Court ruling in opposition to each Punjab and Haryana. Though the current petition was directed in opposition to Haryana, the court impleaded the State of Punjab as nicely, noting that comparable allegations of non-compliance come up there too. On the court’s question, Ravneet Singh Joshi, Deputy Advocate Common, Punjab, accepted discover on behalf of the state. The matter has been listed for March 19.
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