KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Notice of motion. Mr. J.S.Chandail, learned AAG, Punjab, accepts notice. The prayer in this petition is to stay arrest of the petitioner in the event of registration of any case in Police Station, Sarhali Kalaan, Tarn Taran or by the Vigilance Bureau, Punjab. It is averred that no FIR has been registered against the petitioner so far. However, the petitioner, who is Sarpanch of the Gram Panchayat, claims that he has a political rivalry with Ranjit Singh Brahmpura, who has been recently elected as an MLA and is now holding the office of the Cabinet Minister in the Government of Punjab. The petitioner further claims that since he is a staunch supporter of the defeated Congress candidate, he apprehends that out of political vendetta, the above-named Minister shall get him arrested.

(2.) Normally, the relief of pre-arrest bail can be granted only when a formal FIR has been registered and as a result thereof, a person apprehends his arrest.

(3.) However, having regard to the peculiar facts and circumstances of this case and in order to ensure that the petitioner, is not victimized for extraneous or political considerations, this petition is disposed of with a direction that in case any FIR is registered against the petitioner by the Police or the State Vigilance Bureau, Punjab in relation to the discharge of his duties as Sarpanch of Gram Panchayat, Kalwan, Tehsil & District Tarn Taran, he shall be served with a three days' advance notice in case he is required for custodial interrogation in that case.