high court finds non-compliance of legal rules in arrest of ex-min
JAIPUR/JODHPUR, June 19 -- The Rajasthan high court has dismissed a habeas corpus petition filed by Rohit Joshi challenging the Anti-Corruption Bureau's (ACB) arrest of his father, former Rajasthan public health engineering minister Dr Mahesh Joshi, even as the court noted non-compliance with the legal requirement of communicating the grounds of arrest.
A division bench of justices Uma Shanker Vyas and Ashok Kumar Jain observed: "We are of the view that there is non-compliance of mandatory provisions of law... but... it is not possible for this Court to consider the legality of the arrest under Article 226 of the Constitution."
The bench said the Special Judge had already decided the petitioner's application on June 8 and that the petitioner was free to challenge that order. The petitioner claimed neither the detenue nor his family was informed of grounds of arrest, making the detention illegal.
The bench noted: "We have very serious doubt about the understanding of police in the State of Rajasthan... the ACB is not aware about the basic fundamentals of the ground of arrest."
The court held that a writ of habeas corpus could not be entertained because Dr. Joshi had already been remanded to judicial custody through successive judicial orders....
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हमे संपर्क करें.