In a notable decision, the Supreme Court of India granted interim relief to Hardyal Inder Singh, a lawyer accused of stealing a judicial file. The court, while issuing notice returnable in January 2025, observed that arrests should not serve as tools for harassment and emphasized the principle that personal liberty must be safeguarded, even during investigations. The bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra ruled that Singh would not be arrested until the next hearing, provided he cooperates with the ongoing investigation.
Background of the Case
The case arises from FIR No. 44, dated February 28, 2022, lodged at Police Station Division No. 5, Ludhiana, Punjab. The allegations against Singh include multiple charges under the Indian Penal Code, 1860, such as:
– Section 380: Theft
– Section 411: Dishonestly receiving stolen property
– Section 427: Mischief causing damage
– Section 454: Housebreaking
– Section 409: Criminal breach of trust by a public servant or banker
– Section 201: Causing the disappearance of evidence
– Section 120-B: Criminal conspiracy
The case centers around accusations of theft and conspiracy involving judicial documents. Singh had approached the Punjab & Haryana High Court seeking anticipatory bail, which was denied on December 3, 2024. Challenging this decision, he filed a Special Leave Petition (SLP) before the Supreme Court.
Supreme Court Proceedings
On December 20, 2024, the matter was heard by the bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra. Representing Singh was Senior Advocate Siddharth Dave, assisted by Mr. Nikhil Jain and Mr. Manish Verma, while the State of Punjab was represented by its legal team.
During the hearing, the court deliberated on the balance between safeguarding individual liberty and the necessity of facilitating an effective investigation. The bench observed that the power to arrest should not be exercised arbitrarily, especially when the accused is cooperating with the investigation.
Key Observations of the Court
The bench made strong remarks about the misuse of arrest powers, stating, “Arrest must not be a tool for harassment but a means to further the ends of justice.” It emphasized that the accused’s cooperation with the investigation is a crucial factor in determining whether custody is necessary.
The court further added, “Safeguarding liberty is a constitutional duty, and every step of the legal process must ensure it is not curtailed unnecessarily.”
The Decision
Granting interim relief, the Supreme Court directed that Singh shall not be arrested until further orders, provided he complies with the investigation process. The court scheduled the next hearing for the third week of January 2025, ensuring that the case proceeds without undue infringement on the petitioner’s rights.
