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Synopsis

The Central Government recently told the Bombay High Court that it will issue guidelines to ensure that no person is detained overnight for interrogation.

“At this stage, learned Counsel for the respondent Nos. 1 to 3 states that the Central Government is taking appropriate steps to ensure that the persons are not detained overnight for interrogation. Statement accepted,” the order states.

The division bench of the high court, comprising Justice Revati Mohite Dere and Justice PK Chavan, was hearing a petition filed by Mahesh Gala, who was arrested by CGST and Central Excise officials.

Gala was being interrogated for an alleged violation of GST amounting to Rs. 4.48 crore. He reached the CGST office at 1:30 PM on March 13 and was interrogated until 7:30 PM the next day. Later, on March 15, he was informed about his arrest and taken to the magistrate at 3:30 PM.

In May 2024, the high court granted bail to Gala while deprecating the practice of keeping a person overnight under the guise of recording their statement, irrespective of whether the person volunteered or not.

The high court, while granting bail, also observed that arrest is a serious matter and cannot be made routinely based on mere allegations.

“Arrest is a serious matter and cannot be made in a routine manner on a mere allegation of commission of an offence, inasmuch as, an arrest can cause incalculable harm to the reputation and self esteem of a person,” the order reads.

Case title: Mahesh Devchand Gala vs UOI