In a significant ruling, the Punjab and Haryana High Court dismissed two interconnected petitions filed by Ranjit Singh Gill, a former Shiromani Akali Dal (SAD) leader, who sought advance notice before any potential arrest in two separate FIRs. The petitions claimed political victimization following Gill’s recent switch to the Bharatiya Janata Party (BJP).
The first petition requested that if the petitioner were to be named as an accused in either an NDPS case or a corruption case, the state must provide him with at least two weeks' advance notice before making any arrest. The second petition sought to quash notices issued to Gill and his company’s accountant under Section 160 of the CrPC, calling them to appear before a Special Investigation Team (SIT).
Justice Tribhuvan Dahiya, presiding over the case, noted that the petitioner had not been named as an accused in either FIR and that the impugned notices had already become irrelevant since the petitioners did not comply with them. The court emphasized that granting blanket protection by directing prior notice before arrest would interfere with the statutory powers of investigating agencies.
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The state counsel argued that such directions would hamper investigation, especially in cognizable offenses, and referred to the Supreme Court’s judgment in Union of India v. Padam Narain Aggarwal, which prohibits imposing conditions like advance notice before arrest. The court agreed, stating that fears of arrest without evidence were premature and that legal remedies like anticipatory bail were available if needed.
The judgment reinforces that investigation agencies cannot be restrained from performing their duties as per law, and individuals fearing arrest must seek appropriate legal recourse rather than pre-emptive court orders.
Case Title: Ranjit Singh Gill vs. State of Punjab & Ors.
Case No: (CRM-M-42636-2025 & CRM-M-46624-2025)
