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Haryana, Punjab DGPs face HC contempt for failure to enforce apex court arrest norms

Punjab and Haryana HC notice targets DGPs and Chief Secretaries for alleged failure to follow Supreme Court arrest safeguards in Arnesh Kumar ruling.

punjab and haryana hcPunjab and Haryana High Court issues show-cause notices to DGPs and Chief Secretaries over alleged non-compliance with Supreme Court arrest guidelines. (Source: Express Archives)

In a sharp indictment of the top administrative and police leadership of Punjab and Haryana, the Punjab and Haryana High Court has issued show cause notices to the Director Generals of Police and Chief Secretaries of both states for alleged non-compliance with the Supreme Court’s arrest safeguards laid down in Arnesh Kumar vs State of Bihar.

The order was passed on February 18 by Justice Sudeepti Sharma. The judge noted that despite categorical directions issued by the Supreme Court on July 2, 2014, contempt petitions continue to be filed alleging violations of the safeguards against unnecessary arrests. Describing the situation as “very unfortunate”, the court observed that compliance affidavits filed by the states in such matters often amounted to admissions of disobedience.

In the landmark ruling, the Supreme Court had directed all state governments to ensure that police officers do not automatically arrest accused persons in offences punishable with imprisonment up to seven years, including under Section 498-A of the IPC and Section 4 of the Dowry Prohibition Act. The guidelines require police officers to satisfy themselves about the necessity of arrest under Section 41 of the CrPC, prepare a checklist before arrest, and forward reasons and supporting material to the magistrate. Magistrates were also directed not to authorise detention mechanically and to record reasons before granting remand. The apex court had ordered that copies of the judgment be forwarded to the Chief Secretaries and Director Generals of Police of all states and Union Territories, as well as to the Registrar Generals of High Courts, for onward transmission and strict compliance.

Referring to these directions, Justice Sudeepti Sharma observed that contempt petitions are frequently filed for alleged disobedience of the Supreme Court ruling against both Punjab and Haryana. Although the present petition was directed against Haryana, the court impleaded the State of Punjab as well, noting that similar allegations of non-compliance arise there too. On the court’s query, Ravneet Singh Joshi, Deputy Advocate General, Punjab, accepted notice on behalf of the state. The matter has been listed for March 19.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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