The arrest of a person without any material to establish prima facie that he committed an offence would directly infringe the right of life and personal liberty guaranteed under Article 21 of the Constitution of India.

JUDGMENT

M.Satyanarayana Murthy, J. - This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue an appropriate writ, order or direction more particularly one in the nature of Mandamus, directing the respondents and their subordinates not to arrest the petitioner in any crime relating to acquisition of security equipment by the Andhra Pradesh Police or any other related subject"

2. The petitioner is an Indian Police Service Officer. While narrating his excellence in the academic career as well as in service, the petitioner contended that during his tenure as Addl. DGP, Intelligence the then leaders of the opposition party blamed him, as he is responsible for certain political events and made several statements in Press, Public meetings and in Electronic media. The petitioner taken them in his stride, as such accusations are being made routinely. Press clippings, video recordings and screen shots of social media postings are placed on record in support of his contentions to prove the acrimonious statements made against him. On the eve of general elections, they also represented to the Election Commission of India, against the petitioner, seeking his transfer alleging that he was working for the Government viz., political party in power. Though the petitioner has nothing to do with the election process, the Election Commission ordered his transfer. Accordingly, he was transferred and posted as Director General, ACB on 22.04.2019 and continued as such till the new political Government came into power. As there was a change in the political Government, on the very first day the new government was sworn i.e. on 30.05.2019, he was transferred from the post of Director General, ACB and asked to report to General Administration Department (GAD) for posting. Accordingly, he was relieved the very next day and reported to GAD. Thereafter, he was kept without posting and without payment of salary. Having waited for more than seven months, he made representations dated 06.01.2020 and 28.01.2020. But, as a rebuttal to his representations, the State Government issued G.O.Ms.No.18, dated 08.02.2020 placing the petitioner under suspension pending enquiry.

3. The petitioner also explained relevant facts leading to his suspension i.e. to combat left wing extremism and red sanders smuggling, both of which had claimed many lives of police and forest force, with a view to track their activities by use of surveillance equipment, it was thought that the Andhra Pradesh Police shall acquire such technology and hardware with the funds provided by the Central Government for modernization of police force. Pursuant to the request made by the Addl. Director General of Police (Intelligence) dated 14.06.2017, the Director General of Police has constituted a purchase committee and a technical committee for examining the same and also for finalizing the terms and procurement of the equipment. The petitioner was not a party to both the committees. The tender process was entrusted to the State Trading Corporation of India, a Government of India enterprise. When global tenders were invited, the minimum cost of the equipment quoted by the tenderer had far exceeded the budget provided for and hence, the meeting of the purchasing committee was convened. The said meeting was called on 26.06.2018 and the petitioner attended the said meeting since Inspector General of Police deputed him as Inspector General of Police was out of station and as the petitioner was holding additional charge of the said post. In the said meeting chaired by the Chairman of the Purchase Committee and attended by eight IPS officers, it was unanimously decided to scale down the specifications to suit the budget and to refloat the tender. Minutes of the meeting were recorded. Again, pursuant to the scaling down of tenders, tenders were floated by the State 'Trading Corporation of India and purchase order dated 05.10.2018 was issued to the suc