Delhi Court Orders Inquiry Against ED Assistant Director, Other Officers For ‘Unjustified Incarceration’ Of Accused For 17 Days

A Delhi Court on Friday ordered the Director of Directorate of Enforcement to conduct an inquiry against an investigating officer — an Assistant Director-rank officer, and his superior officers over “unjustified incarceration” of an accused in jail for 17 days.

“It appears that the accused has suffered the custody period of 17 days due to the callous approach of the agency against the fundamental right of personal liberty guaranteed under the Constitution of India and also contrary to the provisions of Code of Criminal Procedure(Cr.PC) also,” Additional Sessions Judge Devender Kumar Jangala said.

The court ordered release of one Om Prakash from jail, who was in judicial custody, while noting that no application for extension of his custody or seeking his release was moved by the probe agency on his production.

Om Prakash was arrested by ED on June 12 in pursuance of open ended non-bailable warrant and was remanded to judicial custody for three days. Thereafter, his judicial custody was extended for 14 days on June 15. He was then produced before the ASJ after completion of 14 days judicial custody.

However, the judge noted that a “very precarious situation” had arisen before the court as the ED initially got NBWs issued against the accused and arrested him, however, the IO later said that the agency does not want his custody after completion of 17 days in custody.

The judge added that the ED, after the arrest of the accused, was either required to get his custody extended from the court or should have moved an application for his release from the custody but it failed to comply with legal mandate.

“The onus is upon the arresting officer to exercise this option because the liberty of that person has been curtailed only at the instance of the said agency. The arresting authority can not state merely that now after completion of 17 days in custody, it does want the extention of custody of accused further. There is no change of circumstances from the date of arrest till today,” the court said.

It added that had there been justified ground for arresting the accused, the same should have been in existence even today because nothing happened during this intervening period. “Had there been no ground to arrest or to keep this person in custody, the agency should have done so on the first date of production before the court, without waiting for the incarceration of the accused behind the bars for 17 days,” the court said.

It added: “Liberty is one of the most essential requirement of modern man. It is a delicate fruit of a mature civilization. It is the duty of each and every government authority to give due respect to the right of personal liberty guaranteed under the Constitution of India.”

The judge also underscored that the power of arrest cannot be allowed to exercised in arbitrary manner and that a person should be arrested only when the justified circumstances exists. “No person is allowed to be detained in custody without reasonable ground,” the court said.

The judge also directed that a copy of the order be sent to the Secretary of Union Ministry of Finance’s Department of Revenue for information.

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