The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's right to legal counsel and fair trial.

JUDGMENT

1. A young budding lawyer, Syed Babar Qadri, was shot dead by unknown terrorists on 24.09.2020, leaving: his wife as destitute/widow; his two small kids as orphans; and his parents shattered for rest of their life.

2. Assassination led to registration of FIR No.62/2020 in police station Lal Bazar. Investigation was set into motion. Various persons were rounded up to know who were the culprits involved in killing of the advocate.

Petitioner’s case

3. In the instant writ petition, filed under Section 226 of the Constitution of India , following relief is being prayed for:

(a) Declare the arrest dated 25.06.2024 of the Petitioner by respondent No.2 in relation to FIR No.62 of 2020 dated 24.09.2020, P/S LaI Bazar, Srinagar under Sections 307 IPC (later converted into Section 302 IPC), Section 7/27 Arms Act and Sections 16 & 18 of the UAPA , 1967, as illegal being in complete violation of the constitutional mandates including failure to furnish the grounds of arrest as required under Article 22(l) of the Constitution of India read with Section 43B(1) of he Unlawful Activities (Prevention) Act, 1967 ;

(b) Declare and set aside the first remand order dated 26.06.2024 passed by learned Special Judge (NIA), Jammu, along with all the subsequent remand orders dated 01.07.2024, 06.07.2024, 20.07.2024, 08.08.2024, 22.08.2024, 04.09.2024, 14.09.2024 and 19.09.2024 as null and void having been passed pursuant to the above illegal arrest and also being perverse, a result of total non- application of mind and arbitrary infringing Article 14 of the Constitution of India and affecting the Petitioner's right to life and personal liberty enshrined under Article 2 1 of the Constitution of India ;

(c) Direct immediate release of the petitioner from custody; and (d) Award appropriate damages under public law jurisdiction for infringement of fundamental rights of life and personal liberty of petitioner.

4. The petitioner is aggrieved of the arrest dated 25.06.2024 and his continued custody by virtue of the remand orders dated 26.06.2024, 01.07.2024, 06.07.2024, 27.07.2024, 08.08.2024, 22.08.2024, 04.09.2024, 14.09.2024 and 19.09.2024, passed by the court of Special Judge (NIA), Jammu (“Trial Court” hereinafter).

5. The case set up by the petitioner is that an FIR no.62/2020 came to be registered at police station Lal Bazar, Srinagar, under Section 307 IPC, 7/27 Arms Act and 16 & 18 UAPA in connection with attack on Advocate Babar Qadri, in Srinagar, on 24.09.2020. The offence of Section 307 IPC was converted into Section 302 IPC on the demise of Advocate Babar Qadri on the same day. During investigation, many advocates and other people had been called by the police from time to time for questioning. The petitioner had been called once who attended the investigation in police station Lal Bazar.

6. It is also the case of the petitioner that after the completion of the investigation by an SIT, a charge-sheet under Section 302/120B IPC, 7/27 Arms Act, and 13, 16, 18, 18B, 20, 38 and 39 UAPA was presented by the police before the court of Special Judge (NIA) Srinagar, on 06.05.2021, against six accused, and not against the petitioner as a matter of record. According to petitioner the trial had commenced against five accused as one accused died in the meanwhile. The said case stood transferred to the Trial Court by this Court vide order dated 31.01.2024. During pendency of the trial, another SIT was constituted on 06.08.2022, (almost 23 months after the registration of FIR and 15 months after the presentation of charge-sheet), which started conducting further investigation in the matter.

7. It is being claimed by the petitioner that during the investigation, the house of the petitioner was searched on 24.08.2022 and one mobile phone and two Wi-Fi routers were seized. On 17.07.2023 (almost 34 months after the registration of the FIR and almost 26 months after the presentation of the charge-sheet), the Special Judge, NIA, Srinagar, directed further investigatio