SC orders immediate release of lawyer arrested by Haryana STF

The bench passed the order while hearing a petition, who alleged that his arrest was a blatant misuse of police power and a violation of constitutional protections of liberty under Articles 21 and 22

The Supreme Court on Wednesday ordered the immediate release of a lawyer arrested by the Haryana Police’s special task force (STF) in connection with a murder case, after the advocate contended that he had been taken into custody only because he was representing one of the accused in the matter.

The lawyer was arrested on October 31 by the STF which triggered strong reactions within the legal fraternity. (ANI file photo)

A bench of Chief Justice of India Bhushan R Gavai and justices K Vinod Chandran and NV Anjaria passed the order while hearing a petition filed by the lawyer, who alleged that his arrest was a blatant misuse of police power and a violation of constitutional protections of liberty under Articles 21 and 22.

Appearing for the petitioner, senior advocate Vikas Singh asserted that the case involved “no evidence whatsoever” linking the lawyer to the offence and that his arrest was an abuse of process aimed at intimidating him for discharging his professional duties.

“It is not a case of demanding special privileges for a lawyer but this is a case of no evidence. There is no admissible evidence against him at all. He should be released immediately,” Singh told the bench.

Taking note of the submissions, the bench directed the immediate release of the lawyer and issued notice to the state of Haryana.

In its brief order, the top court recorded that the police officials of the STF, Gurugram, had been in communication with the petitioner in connection with a murder case, but the arrest had reportedly taken place without written grounds or the presence of independent witnesses.

“It is the contention of the petitioner that when he reached the police station without written grounds of arrest or independent witnesses, in violation of Articles 21 and 22 of the Constitution. In any case, the petitioner is an advocate by profession and is not likely to flee,” the bench noted.

“We direct the respondent to forthwith release the petitioner on bail. Let the registrar of this court immediately communicate the order to the authorities concerned in the state of Haryana,” the court ordered.

Singh was arrested on October 31 by the STF. His arrest triggered strong reactions within the legal fraternity. On November 6, the coordination committee of district courts’ bar associations in Delhi abstained from work across all district courts, protesting what they described as Singh’s “false implication” in the case and demanding his release.

The court’s intervention came days after two significant rulings that strengthened constitutional protections for the rights of the accused and reaffirmed the independence of the legal profession.

On November 6, the Supreme Court ruled that the grounds of arrest must be furnished in writing to every accused person in all cases, including offences under the Indian Penal Code (now the Bharatiya Nyaya Sanhita, 2023). The court held that this safeguard, previously understood to apply primarily to special statutes such as the Unlawful Activities (Prevention) Act (UAPA) or the Prevention of Money Laundering Act (PMLA), is a “mandatory constitutional obligation” flowing from the right to life and personal liberty under Article 21 and expressly mandated under Article 22(1).

Just a week earlier, on October 31, the same bench of CJI Gavai, and justices Chandran and Anjaria, reaffirmed the attorney-client privilege and the independence of the legal profession, ruling that lawyers cannot be summoned by investigating agencies to disclose details of legal advice given to their clients, except in narrow circumstances explicitly permitted by law and approved at a senior supervisory level. The court clarified that Section 132 of the Bharatiya Sakshya Adhiniyam (BSA) confers a privilege that belongs to the client, and imposes a corresponding duty on the advocate not to reveal confidential communications. It underscored that such privilege is integral to the administration of justice and that any attempt to pierce it without statutory basis would undermine the right to effective legal representation.

Singh’s petition, filed through advocate Arjun Singh Bhati, sought his immediate release and a judicial inquiry into what he described as the “illegal actions” of the STF, Gurugram. It also called for the quashing of all proceedings related to the FIR registered at Police Station Sector-8, Faridabad, under Sections 302 and 34 of the Indian Penal Code and Section 25 of the Arms Act.

The lawyer, enrolled with the Bar Council of Delhi since July 2019, is currently lodged in Faridabad jail. The petition names the Haryana and Delhi governments and the Bar Council of India as respondents.

The plea contended that Singh has represented several clients in criminal cases between 2021 and 2025, including those allegedly linked to gangster Kapil Sangwan alias ‘Nandu’, and that his professional association with such clients has been misconstrued as criminal complicity.

It further alleged that instead of recognising the independence of the Bar, the investigating agency “has sought to criminalise the petitioner’s professional association with his clients, thereby undermining the rule of law and the sanctity of the advocate–client relationship.”

According to the petition, Singh was allegedly targeted after he filed an application before a court highlighting the custodial assault of one of his clients, Jyoti Prakash alias “Baba”, who reportedly suffered a leg fracture while in STF custody.