High court slams Chandigarh DGGI for ‘psychological coercion' in 30-hour detention of businessman
Justice Harpreet Singh Brar, in his order on petitions filed by Bharat Lal Garg and his wife Barkha Bansal, said the DGGI's claim that Garg remained in its office overnight on June 4 'of his own volition' was an 'illusionary choice'. 'When one is summoned to the office of a state-run agency and kept under constant watch, an atmosphere suggesting stepping out is not an option is created… the illusion of voluntariness renders any consent invalid,' the court said.
Garg, a businessman, had been summoned to record his statement in connection with an ongoing investigation, during which data was extracted from his laptop for forensic analysis. The court noted that a cognisable offence had not been established at the time, rendering even consideration of his arrest 'premature'. The proposal to arrest him was moved only at 5.46 pm on June 5 and approved by the Additional Director General an hour later 'mechanically, without examining the material available' and without the mandatory Document Identification Number (DIN), making the authorisation 'deemed invalid'.
The judge also pointed out that CCTV cameras at the zonal office were reportedly non-functional even though all other digital systems worked, calling the explanation 'incongruous'. Observing that Barkha Bansal had to approach the court to secure her husband's release, the judge stressed that statements of persons summoned must be recorded only during office hours and in the presence of their counsel if they so choose, with CCTV surveillance available on request.
The additional director general of the DGGI, Chandigarh zonal unit, has been directed to file an affidavit before the next hearing showing full compliance with the Supreme Court's directions in Paramvir Singh Saini judgment, regarding the mandatory installation and maintenance of CCTV cameras in police stations, and to explain why the court's earlier order of July 2 seeking production of records was not complied with.
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