E-Paper
Court pulls up Ludhiana police for violating SC arrest norms
The order was passed on January 7 by Judicial Magistrate Kavita Garg, when Kapoor was produced before the court
A Ludhiana court has pulled up city police for violating Supreme Court guidelines during the arrest of social media influencer Vishal Kapoor, directing the Commissioner of Police to take action against the officers involved and initiate proceedings for contempt of court.
The order was passed on January 7 by Judicial Magistrate Kavita Garg, when Kapoor was produced before the court. He had been arrested by Division No 7 police under Sections 308(2) and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, on charges of extortion and blackmail. The complaint, filed by Sanjay Sharma of Geeta Nagar, alleged that Kapoor misused a video to threaten and extort ₹10,000. Another complainant, fish vendor Ramdhari Sahni of Bihari Colony, alleged Kapoor later extorted ₹12,400 and uploaded the video on social media despite assurances to delete it.
The prosecution sought a five-day police remand for interrogation, recovery, and tracing of co-accused. The defence challenged the legality of the arrest, seeking Kapoor’s release and action against the investigating officer for violating Supreme Court directions.
After reviewing police records, arrest memos, zimni, and related documents, the magistrate found serious procedural lapses. She noted that the offences in the FIR are punishable with imprisonment of up to seven years, making it mandatory for police to issue a notice of appearance under Section 41A of the CrPC (now Section 35(3) of BNSS) before effecting an arrest, except in exceptional circumstances.
The court observed that no notice was issued, no grounds of arrest were communicated, and the police failed to show any urgency justifying immediate arrest. These actions violated the Supreme Court’s landmark judgment in Arnesh Kumar vs State of Bihar.
The handwritten document claimed by police as grounds of arrest was found defective, lacking date, time, signature, and specific reasons. The document remained in police custody, raising doubts about whether it was ever served. The court also cited rulings in Mihir Rajesh Shah vs State of Maharashtra and Prabir Purkayastha vs State (NCT of Delhi), reiterating that furnishing written grounds is a constitutional safeguard, not a mere formality.
Terming the police conduct “arbitrary and unlawful,” the magistrate dismissed the police remand plea, allowed the defence application, and ordered Kapoor’s release, with directions to cooperate with the investigation as required.
In a stern move, the court directed the Ludhiana Police Commissioner to take action against the officers responsible and initiate contempt proceedings. A copy of the order has been forwarded for strict compliance.
The ruling again highlights concerns over unlawful arrests and police high-handedness. Earlier, on December 21, 2025, a local court questioned the police arrest of Congress leader Inderjit Singh alias Indi, who was reportedly picked up before the FIR in his case was registered.
