VIHAAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) ISSUE INVOLVED : Amongst other issues, the main issue canvassed by the appellant in this appeal is the violation of the appellant's right under Article 22(1) of the Constitution of India (for short 'the Constitution') as the appellant was not informed of the grounds for his arrest.

(2.) A reference to a few factual aspects would be necessary. The challenge in this appeal is to the judgment and order dtd. 30/8/2024 passed by the learned Single Judge of Punjab and Haryana High Court. The appellant was arrested in connection with first information report no.121 of 2023 dtd. 25/3/2023 registered for the offences under Ss. 409, 420, 467, 468 and 471 read with Sec. 120-B of the Indian Penal Code (for short, 'IPC'). According to the appellant's case, he was arrested on 10/6/2024 at about 10.30 a.m. at his office premises on the 3rd-5th floor of HUDA City Centre, Gurugram, Haryana. He was taken to DLF Police Station, Sec. 29, Gurugram. He was allegedly produced before the learned Judicial Magistrate (in charge) at Gurgaon on 11/6/2024 at 3.30 p.m. Therefore, there was a violation of Article 22(2) of the Constitution and Sec. 57 of the Code of Criminal Procedure Code, 1973 (for short, 'CrPC'). The allegation is that neither in the remand report nor in the order dtd. 11/6/2024 passed by the learned Magistrate was the time of arrest mentioned. The FIR was registered at the instance of the 2nd respondent. We may note here that, according to the case of the 1st respondent, the appellant was arrested on 10/6/2024 at 6.00 p.m. Therefore, compliance with the requirement of Article 22(2) was made.

(3.) There is another very serious factual aspect. The order dtd. 4/10/2024 passed by this Court records that after the appellant was arrested, he was hospitalised in PGIMS, Rohtak. The learned counsel appearing for the appellant produced photographs which showed that while he was admitted to the hospital, he was handcuffed and chained to the hospital bed. Therefore, a notice was issued on 4/10/2024 to the Medical Superintendent of PGIMS, calling upon him to file an affidavit stating whether the appellant was handcuffed and chained to the hospital bed. The order dtd. 21/10/2024 records the admission of the Medical Superintendent of PGIMS that when the appellant was admitted to the hospital, he was handcuffed and chained to the bed. On this aspect, we may note that an affidavit was filed on 24/10/2024 by Shri Abhimanyu, HPS, Assistant Commissioner of Police, EOW I and II, Gurugram, Haryana. The affidavit states that the officials who were deployed to escort the appellant to PGIMS have been suspended, and a departmental inquiry was ordered against them by the Deputy Commissioner of Police on 23/10/2024.