Barkha Bansal Vs State of U.T. Chandigarh and others (Punjab and Haryana High Court)
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The Punjab and Haryana High Court has declared the arrest of Bharat Lal Garg by the Directorate General of Goods and Service Tax Intelligence (DGGI) as illegal. The court’s decision came in response to a habeas corpus petition filed by Garg’s wife, Barkha Bansal, who alleged her husband was being held in unlawful custody. The court’s ruling, which referenced several key judicial precedents, highlighted multiple procedural failures by the DGGI officials, including prolonged interrogation, the lack of a documented justification for the arrest, and non-compliance with court-mandated CCTV surveillance protocols.
Factual Background of the Arrest
The case began after DGGI officials detained Bharat Lal Garg for interrogation. According to the court’s findings, Garg was kept at the DGGI zonal office for over 30 hours, including overnight. During this time, his wife filed a habeas corpus petition, seeking his release. A warrant officer appointed by the court attempted to serve a notice but was allegedly obstructed by DGGI officials. The officials argued that Garg’s presence was voluntary and that he had consented to the prolonged interrogation.
