The Punjab and Haryana High Court has warned of contempt proceedings against officials of the Central Revenue Department in a habeas corpus case involving alleged illegal detention and obstruction of justice.
In a strongly worded order passed on Tuesday, Justice Harpreet Singh Brar directed the Additional Director General GST to disclose by affidavit the names and designations of officials who allegedly obstructed a court-appointed warrant officer and snatched official papers during the recovery of the detainee.
The case, Barkha Bansal vs. State of UT Chandigarh and Others, was filed on June 5 by Barkha Bansal, who sought the release of her husband from illegal detention. The detainee was allegedly picked up by GST officials at 12:05 pm on June 4, 2025, and held without being produced before a magistrate within the constitutionally mandated 24 hours.
Represented by senior advocate, the petitioner alleged that the detention lasted more than 30 hours.
“The detainee was forcibly taken away in a convoy of three cars from the custody of the Warrant Officer, who was performing his official duty, as directed by this Court,” he submitted, referring to video footage annexed with the petition.
The warrant officer, appointed by the court on June 5, entered the Central Revenue Building in Sector 17, Chandigarh, at 6:42 pm with local police assistance. He recorded the detainee’s statement, noted visible injuries, and documented the recovery. However, the court noted that “respondents no. 2 and 3 and other officials of the Department… created obstruction when he, in discharge of his official duty, was recording statement of the detainee. In fact, they also snatched papers from his hand.”
The detainee was eventually shown as arrested at 8:40 pm on June 5, over 30 hours after he was picked up, and produced before the Duty Magistrate at 9:25 pm. Justice Brar termed this a clear breach of Article 22 of the Constitution and held the conduct of the officials as “ex facie contemptuous”. The court observed, “This Court cannot turn a Nelson’s eye to such recalcitrant misconduct depicting a blatant disregard for the rule of law.
Allowing such lawlessness to continue unchecked would undermine the authority and dignity of the justice administration mechanism.”
The identities of respondents no. 2 and 3 are yet to be disclosed. The court has directed respondent no. 3, the Additional Director General GST, to file an affidavit by July 18, providing the names and designations of officials present between 6:30 pm and 9:00 pm on June 5. The affidavit must also address compliance with the Supreme Court’s directive in Paramvir Singh Saini vs. Baljit Singh (2021) regarding CCTV installation in investigation offices.
Opposing the petitioner’s claims, Additional Solicitor General of India submitted that the detainee had been summoned for investigation under Section 22 of the Central GST Act and was legally arrested after giving evasive replies. He sought time to file a reply, which the court allowed.
Public Prosecutor and Additional Public Prosecutor appeared for UT Chandigarh. The court also allowed a related application for placing additional documents on record, including videos, medical records, and statements.
The matter will be heard next on July 18. The court has ordered the production of the original arrest memo, grounds of arrest, and the detainee’s medical report, signalling a sharp judicial response to what it described as a grave violation of legal and constitutional safeguards.
Source from: https://indianexpress.com/article/cities/chandigarh/hc-gst-officials-illegal-detention-10102566/
