UP Police arresting man in Delhi without informing counterparts illegal: HC

The court expressed concern at the arrest of Satinder Singh Bhasin without the UP Police notifying its Delhi counterparts.

A Habeas Corpus petition was moved on behalf of Bhasin after the UP Police arrested him near Shivaji Stadium at Connaught Place on February 18 and shifted him to an unknown location without intimating the Delhi Police.

Bhasin was first detained by the Noida Police on February 16, based on a complaint filed by DS Group co-promoters regarding certain incidents that had taken place at the Grand Venice Mall in Greater Noida. He was released the same day.

Bhasin, who was produced before a magistrate court and released on February 19, had submitted through his advocate that in the current case, the officers did not abide by the protocol for inter-state police arrest or detention.

In its status report submitted on February 19, the Delhi Police had said that the Connaught Place police station had not received any prior notification regarding Bhasin’s arrest from the staff of Beta II police station in Gautam Buddh Nagar. They were given information about the arrest only late in the evening, it stated.

The court observed, “Another cause for concern is the fact that the UP Police have entered Delhi and picked up a resident of Delhi without any information being given to the Delhi Police and without following the prescribed protocol… The matter requires a deeper look as none of the other prescribed procedures appears to have been followed. No grounds of arrest also appear to have been communicated at the time of arrest. If the procedures prescribed are not followed, the arrest itself would be contrary to law… The prima facie view of the court is that the steps required were not taken and hence the arrest itself is illegal.”

The court also referred to its previous judgment that has categorically held that inter-state arrests cannot be effected without following a proper protocol.

The HC said that it would like to examine the CCTV camera footage to ascertain how the police from UP/Noida had picked up the petitioner. It also sought an explanation for the use of private vehicles for the arrest and why the UP Police personnel were not in uniform.

“Let a status report be filed by the Commissioner of Police, Greater Noida, UP, after enquiring into the whole matter…,” the court held.