The court affirmed that arrests lacking proper justification and statutory compliance are illegal, invoking constitutional protections under Articles 21 and 22.

JUDMENT :

HARPREET SINGH BRAR J.

1. The present petition is filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus for directing respondent No.1 to recover the husband of the petitioner, namely, Bharat Lal Garg (hereinafter to be referred as ‘detenue’) from the illegal custody of respondents No.2 and 3 and to hand him over to the petitioner and his family members or in alternative, appoint a Warrant for this purpose.

2. Affidavit of Sanket Kale, Additional Director General, Directorate of Goods and Service Tax Intelligence, Chandigarh Zonal Unit, has been filed in the Court today, which is taken on record.

3. Learned counsel for respondents No.2 and 3 refers to the said affidavit and submits that the directions issued by the Hon’ble Supreme Court in Paramvir Singh Saini vs. Baljit Singh and others (2021) 1 SCC 184 will be followed in letter and spirit.

4. I have heard learned counsel for the parties and perused the record of the case.

5. An explanation and an assurance has been provided by Sanket Kale, Additional Director General in his affidavit, the relevant part of which is reproduced below:

“5. That with specific reference to the direction contained in the order dated 18.07.2025 regarding compliance of the judgment of the Hon'ble Supreme Court in Paramvir Singh Saini vs. Baljit Singh & Others, (2021) 1 SCC 184 , it is respectfully submitted that that CCTV cameras have been installed at the Office space of DGGI within Central Revenue Building, Sector 17, Chandigarh. Such cameras were always functional and they continue to remain functional. The cameras were temporarily non- functional due to construction work being carried out at the premises. It is also submitted that the cameras were non-functional since 30th May 2025 as duly recorded in the register.

The office was not aware about the events that will unfold on 4th / 5th June 2025. On 2nd June 2025, a correspondence regarding repair of cameras is also on record.

6. This office has recorded several statements in the presence of CCTV cameras. However, on certain occasions in the past, the cameras became non-operational for limited periods due to unforeseen technical issues which has duly been recorded in the register maintained for the purpose and swift action was taken to make them functional.

7. It is pertinent to mention here that in order to avoid such situations in future, all the Senior Intelligence officers, who are entrusted with recording statements, have been instructed to ensure that CCTV cameras are functional before commencing the statement.

8. It has also been noted that in case of any construction activities which can interfere with the proper functioning of will be undertaken in such a way that tgey do not interfere with the smooth functioning of CCTV cameras and there is alternative arrangement in case the cameras working is to be effected by the construction work. 9. The power switch of the cameras has also been enclosed within a locked enclosure to prevent any accidental shutdown.

10. That pursuant to the order dated 02.07.2025, deponent had ensured timely compilation of the requisite original records including the arrest memo, grounds of arrest, medical examination report and other documents, and the same were with the officer of the deponent present in the court. The same was passed on to the counsel for presenting before the Hon'ble court. However, due to some confusion at the material time regarding production in sealed envelope or otherwise, the same could not be shown to the court on 18.7.2025.

The record was available with the counsel during the hearing on 18.7.2025 and the deponent was also present in court during the hearing on 18.7.2025.

11. The non-placeme