"Bombay High Court Declares Detention of Hem Prabhakar Shah Illegal" Court Orders Immediate Release Due to Violation of Constitutional and Procedural Rights


Summary of Judgement

The Bombay High Court ruled that the detention of Hem Prabhakar Shah, who was apprehended based on a Look Out Circular (LOC), was illegal due to violations of procedural and constitutional rights. The court declared Shah's arrest invalid as he was not produced before a magistrate within the mandatory 24-hour period, nor were the grounds of his arrest adequately communicated. Consequently, the court ordered Shah's immediate release through a writ of Habeas Corpus.

1. Background of the Case:

  • Hem Prabhakar Shah, a resident of Singapore, was detained on 13th August 2024 at Ahmedabad Airport upon his arrival from Singapore, based on an LOC issued by the Maharashtra Police.
  • He was transferred to the custody of the Sardar Vallabhbhai Patel International Airport police station and detained until he was taken by officers from the Azad Maidan Police Station, Mumbai, and later shown as arrested on 14th August 2024 at 11:08 PM.

2. Legal Arguments:

  • Petitioner’s Argument:
    • Shah’s counsel argued that his detention violated Section 57 of the Code of Criminal Procedure (CrPC) and Article 22(2) of the Constitution of India, which mandate that a person arrested must be produced before a magistrate within 24 hours.
    • The arrest was also argued to be unlawful as the grounds were not communicated to him, violating Article 22(1) of the Constitution and Section 50 of CrPC.
  • Respondent’s Argument:
    • The State argued that Shah’s detention was necessary due to the serious nature of the alleged offense under Section 420 read with Section 34 of the IPC.
    • It was contended that his detention was for verification purposes and did not amount to an arrest.

3. Court’s Findings:

  • The court observed that Shah was detained for over 30 hours before being presented to a magistrate, which contravened Section 57 of CrPC.
  • The court found no evidence that Shah was served with the grounds of arrest in writing, violating Section 50 of CrPC and Article 22(1) of the Constitution.
  • The court noted that the LOC instructions to “detain and handover” effectively constituted an arrest from the moment Shah was intercepted at the airport.

Acts and Sections Discussed:

  • Constitution of India:
    • Article 22(1): Right to be informed of the grounds of arrest.
    • Article 22(2): Right to be produced before a magistrate within 24 hours of arrest.
  • Code of Criminal Procedure, 1973:
    • Section 50: Obligation to inform the arrested person of the grounds of arrest.
    • Section 57: Limitation on detention without a magistrate's order (24 hours).
    • Section 41-A: Notice of appearance before a police officer in cases where arrest is not required.

Ratio Decidendi:

  • The court held that Shah’s detention was illegal due to failure to produce him before a magistrate within 24 hours and the lack of communication of the grounds of arrest. The court reaffirmed that procedural safeguards under Article 22 and the CrPC are non-negotiable, and any deviation renders the detention unlawful. The court underscored the importance of respecting personal liberty and due process.

The Judgement

Case Title: Hem Prabhakar Shah Versus The State of Maharashtra

Citation: 2024 LawText (BOM) (9) 51

Case Number: CRIMINAL WRIT PETITION ST NO. 17757 OF 2024 WITH INTERIM APPLICATION ST NO. 18654 OF 2024 IN CRIMINAL WRIT PETITION ST NO. 17757 OF 2024

Date of Decision: 2024-09-05