Delhi HC questions Noida Police over alleged illegal arrest in CP

The court noted that “no grounds for arrest appear to have been communicated at the time of arrest” and stated that if proper procedures were not followed, “the arrest itself would be contrary to law”

The Delhi high court has directed the Gautam Budh Nagar police commissioner to submit a status report on the alleged unlawful arrest of a Delhi resident by Noida police from Connaught Place on February 18, without following interstate arrest protocols. The court also sought clarification on the officers involved, the vehicle used, and compliance with medical examination procedures, according to its February 20 order.

The man’s driver, who witnessed the incident, alerted Delhi Police and his family. His son tracked him using the “Find My iPhone” feature and, along with lawyers, filed a habeas corpus petition in the Delhi high court.  (Getty Images/)

A bench of Justices Prathiba M. Singh and Dharmesh Sharma observed that Noida police picked up Satinder Singh Bhasin at 12.35pm, but the FIR against him was only registered at 2.43pm, raising concerns about procedural violations.

“The petitioner was picked up by Noida police at 2.19pm, which is prior to the information received by the PS in Beta-II, Greater Noida, at 2.43pm,” the court added. It further noted, “Another cause for concern is the fact that the UP Police have entered Delhi and picked up a resident of Delhi without any information being given to the Delhi Police and without following the prescribed protocol.”

The court noted that “no grounds for arrest appear to have been communicated at the time of arrest” and stated that if proper procedures were not followed, “the arrest itself would be contrary to law.” It directed Noida police to clarify whether a formal protocol exists with Delhi Police for interstate arrests, citing the Sandeep Kumar case, in which Delhi and UP Police were instructed to establish such a protocol.

Bhasin, who faces charges under multiple sections of the Bharatiya Nyaya Sanhita, including theft (303), house trespass (331), criminal breach of trust (316), and dishonestly breaking open a closed container (334), alleged that he was forcibly taken from Connaught Place by six armed men in a Toyota Fortuner. “When I tried to resist, the rear window of the SUV broke down, and the armed men threatened to kill me and drove me to Noida,” he said. He added that upon arrival at a police outpost in Knowledge Park, even local officers seemed surprised, after which the men who brought him there fled.

His driver, who witnessed the incident, alerted Delhi Police and his family. His son tracked him using the “Find My iPhone” feature and, along with lawyers, filed a habeas corpus petition in the Delhi high court.

Seeking a status report in the sequence of arrest from Gautam Budh Nagar police commissioner, the court asked, “Who were the police personnel who picked up the Petitioner from Delhi? Which vehicle was used for the said purpose? What does the medical report conclude after conducting an X-ray as directed in the MLC? In addition, the Commissioner shall also place on record in the status report whether any protocol has been agreed to with the Delhi Police in case of an interstate arrest as directed in the Sandeep Kumar (supra) case in which the commissioner of Delhi Police and Director General of Police (UP) directed to file a compliance report after establishing the protocol between themselves. A senior official from the Noida police shall remain present in court on the next hearing on May 5.”

HT reached out to Gautam Budh Nagar police commissionerate for a comment regarding the order but did not receive any response.