Law, Supreme Court and illegal arrest of Mr. Tajinder Pal Singh Bagga

The arrest of Tajinder Singh Bagga is wrong and grossly illegal. It is in complete violation of the provisions of the CrPC, 1973 and in the teeth of express directions issued by the Hon’ble Supreme Court and various High Courts of the country.

The facts as appear from media reports seem to be this: in the morning of 06.05.2022, around 10-15 Punjab Police officers entered his house, punched him, and dragged him out to take him to Punjab. Reports suggest that the arrest was made in connection with purported charges for making provocative statements, inciting religious enmity and criminal intimidation. The arrest was carried out in Delhi – well outside the jurisdiction of the Punjab police – and importantly, as per the Delhi Police, without providing any prior information to the Delhi Police.

It appears that none of the reported offences that Tajinder Singh Bagga has been charged with attract a punishment of more than seven years. As per the judgment of the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar & Anr. (2014 8 SCC 273), arrest is supposed to be the exception in such cases. The manner of Tajinder Singh Bagga’s arrest is also violative of the requirements of arrest laid down by the Hon’ble Supreme Court in the case of DK Basu v. State of West Bengal (1997 1 SCC 416).

Importantly, the law on inter-state arrests was clarified in a recent decision of the Delhi High Court in Sandeep Kumar v. Government of NCT Delhi (2019 SCC OnLine Del 11901). The judgment lays down that the out-of-State police officers effecting inter-state arrests must necessarily seek prior permission of superior officers, and record specific written reasons as to why the arrest is necessary for the purposes of the investigation. Furthermore, the out-of-State police is required to establish contact with the State police in whose jurisdiction the arrest has to be effected. The arrested person must be given an opportunity to consult his lawyer before he is taken outside of the State, and a record of the arrest ought to be made in the Daily Diary of the local police station. According to the Delhi Police, none of these guidelines were followed by the Punjab Police.

It appears that the Punjab Police’s actions in Tajinder Singh Bagga’s case are illegal. It is pertinent to note that he has been a vocal critic of the Aam Aadmi Party on social media, and his arrest appears to be politically motivated. It is hoped that the Courts step in and render justice in the matter to protect civil liberties and avoid misuse of political power. Investigating agencies should not be allowed to become weapons for executing political vendetta, in the hands of the ruling Government.

– Dr. Rajeshwar Singh