A Delhi court on Friday ordered the Enforcement Directorate chief to conduct an investigation into the unjustified imprisonment of an accused individual in jail for 17 days.
The accused, Om Prakash, was held in judicial custody without any application for extension or release being filed by the investigating agency.
Additional Sessions Judge Devender Kumar Jangala criticised the agency for its careless approach, which he deemed a violation of the accused’s fundamental right to personal liberty as guaranteed by the Indian Constitution and contrary to the provisions of the Code of Criminal Procedure (Cr.PC).
Ordering the immediate release of Om Prakash from jail, the court highlighted the precarious situation that arose due to the agency’s inconsistent actions.
Initially, the agency obtained non-bailable warrants (NBWs) against the accused and arrested him, but later, the investigating officer stated that the agency no longer wanted his custody after the 17-day period.
The court emphasised that it was the responsibility of the arresting officer to either request an extension of custody or file an application for the accused’s release but the agency failed to fulfill this legal requirement.
It stressed that the arresting authority could not simply state that it no longer wished to extend the accused’s custody after 17 days, as there was no change in circumstances. If there had been valid grounds for arresting the accused, those grounds should still be applicable, as nothing significant had occurred during the intervening period, it added.
The court asserted the importance of personal liberty, considering it an essential aspect of a civilised society, and called on all government authorities to respect the constitutional guarantee of personal liberty.
Additionally, it emphasised that the power of arrest should not be exercised arbitrarily and that a person should only be arrested when justified circumstances exist. It stated that no individual should be detained in custody without reasonable grounds.
The court also directed that a copy of the order be sent to the Secretary of the Union Ministry of Finance’s Department of Revenue for information purposes.
2023063032074
