The Allahabad High Court recently declared as illegal the arrests of businessman Anwar Dhebar, brother of the ex-Raipur Mayor, and former IAS officer Anil Tuteja, both accused in a ₹2,000 crore Chhattisgarh liquor scam. The court ruled their arrests, made under a UP FIR, violated constitutional protections.
The Division Bench of Justice Siddhartha Varma and Justice Madan Pal Singh granted bail to both petitioners. It was found that neither the grounds of arrest were communicated to them in writing, nor did the arrest memos include any section mentioning the reason for arrest.
“Thus, there being a definite non-compliance of the mandate of Section 50 of the Cr.P.C. and Article 22(1) of the Constitution of India, we are of the view that the arrest of the petitioner be declared illegal,”
– Allahabad High Court
Read Also:- Madras High Court: Same-Sex Couples Can Form a Family Even Without Legal Marriage
The arrest took place under Case Crime No. 196/2023 filed in Meerut, Uttar Pradesh, on July 30, 2023. Surprisingly, on June 18, 2024, just 20 minutes after Dhebar secured bail from Chhattisgarh High Court at 9:20 PM, UP Police arrested him at 9:40 PM in Raipur. The following day, a 48-hour transit remand was granted. On June 21, 2024, he was presented before the Special Judge in Meerut and sent to judicial custody until July 1, 2024.
The petitioners claimed they were never informed of the arrest grounds, and this was not denied by the State in their affidavit. Though the police argued that informing Dhebar’s son about the arrest made it lawful, the court rejected this reasoning.
“Neither in the memos of arrest nor in the information to Dhebar’s son or remand orders were the grounds of arrest communicated,”
– Allahabad High Court Bench
The Court also noted that no opportunity was provided to oppose the remand. The arrest memo lacked any section for stating reasons. The Court emphasized the mandatory nature of Section 50 CrPC and Article 22(1) of the Constitution, which guarantees a person the right to know the grounds for arrest.
Referring to various landmark rulings, including Pankaj Bansal v. Union of India and Prabir Purkayastha v. State (NCT of Delhi), the Court underscored that:
“Grounds of arrest must be provided in writing to the accused at the time of arrest.”
Although the Court declared the arrests and remand orders illegal, it did not interfere with the charge sheet already submitted. Proceedings based on the charge sheet may continue under law.
“We have not interfered with the charge-sheet which has been submitted. The Court may continue with the proceedings in accordance with law,”
– High Court Order
Highlight:
“Right to legal aid is a valuable right of an accused and he must be informed of that right before his arrest,” the Court noted, directing the judgment to be circulated among all UP Police units to prevent similar violations.
Case Title: Anwar Dhebar vs. State Of UP and 2 Others
For Petitioners: Sr. Adv. Anoop Trivedi, Adv. Utkarsh Malviya, Varad Nath, Vikash Walia
For State: AAG Manish Goyal, Adv. Rupak Chaubey, JK Upadhyay, Vikas Sahay
