Punjab Polls: High Court Directs Police To Give 7-Day Notice Before Arresting 3 'AAP' Leaders Fearing Political Vendetta

The Punjab and Haryana High Court last week directed the Punjab Police to give 7 days' notice to 3 Aam Aadmi Party (AAP) leaders before arresting them. These leaders had moved the court claiming that they are being harassed due to political vendetta and a case could be filed against them under IPC or NDPS Act.

This order holds importance as Punjab Legislative Assembly elections will be held on 14 February 2022 for a total of 117 seats of the 16th Assembly of the Punjab Legislative Assembly.

Essentially, the Bench of Justice Anoop Chitkara was hearing the plea filed by 3 AAP leaders [Lavpreet Singh, Manpreet Kaur, and Baljinder Kaur] seeking a blanket bail on the apprehension that an FIR for non-bailable offences is likely to be registered against them due to political reasons.

At the outset, the Court noted that the Code of Criminal Procedure, 1973 does not provide for any blanket bail. However, the Court noted that since the apprehension was due to political vendetta and the elections in the State of Punjab are around the corner, therefore, in the interest of justice, this Court disposed of the petition in the following terms:

"In case of registration of an FIR against the petitioner, where the maximum sentence is up to 10 years, then in such a situation, in case the Investigator wants to arrest the petitioner, then he shall afford an opportunity to the petitioner by sending the petitioner a 7 days' advance notice. This is to enable the petitioner to avail legal remedies"

Importantly, the Court also clarified that the order shall remain in force for a period of 15 days after the Assembly Elections in the State of Punjab are over. Advocate Gurpal Singh Sandhu appeared for the petitioners. 

Case title - Lavpreet Singh @ Lavepreet Singh and others v. State of Punjab and others

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