Illegal detention case: HC comes down heavily on Additional Director-General, GST

The Punjab and Haryana High Court on Wednesday came down heavily on Additional Director-General, Goods and Services Tax (GST), and another officer for “recalcitrant misconduct depicting a blatant disregard for the rule of law” in an illegal detention case before granting them an opportunity to show cause why contempt proceedings might not be initiated against them.

The censure came after the Bench was told that a man was allegedly detained illegally for over 30 hours and the court-appointed warrant officer was obstructed from performing his duties. Taking strong exception to the alleged obstruction and the delay in producing the detainee before a magistrate, Justice Harpreet Singh Brar asserted: “This Court cannot turn a Nelson’s eye to such recalcitrant misconduct depicting a blatant disregard for the rule of law. Allowing such lawlessness to continue unchecked would undermine the authority and dignity of the justice administration mechanism.”

Issuing a stern warning of contempt, Justice Brar asserted: Before passing any orders, an opportunity is afforded to the respondents to show cause as to why contempt proceedings may not be initiated against them for snatching papers from the Warrant Officer and obstructing him from performing his official duty”.

The matter was brought to Justice Brar’s notice after the detainee’s wife approached the Court on June 5 seeking a writ of habeas corpus to recover her husband from alleged illegal custody of the Additional Director-General and another respondent.

A warrant officer was appointed the same day entered the Central Revenue Building in Sector 17, Chandigarh, with the help of local police.

“The warrant officer recovered the detainee from the office of Anju Sheokand, IRS, where he was being guarded by a peon working for the department. No explanation was provided for detaining the detainee in the premises,” senior advocate Vinod Ghai contended on the petitioner’s behalf. He was assisted by advocates Arnav Ghai, Kashish Sahni and R.S. Bagga.

Justice Brar asserted: “The conduct of the two respondents and other officials of the department is ex facie contemptuous as they have intentionally and maliciously misbehaved with the warrant officer and hindered him from discharging the official duty entrusted to him by this Court.”

Before parting with the order, Justice Brar directed the Additional Director-General to file an affidavit with names and designations of all department officials present at the Central Revenue Building, Sector 17, Chandigarh, between 6.30 pm and 9 pm on June 5, 2025; and the status of CCTV installation at the premises.

“It is further directed that the original record, including the arrest memos and ground of arrest as well as the medical examination report of the detainee be also produced on the next date of hearing,” Justice Brar asserted, while adjourning the case to July 18.