2022 arrest of Valpoi bizman with PFI ‘link' unlawful: HC
The HC of Bombay at Goa has declared the arrest of businessman Sarfaraz Sayad in 2022 as 'unlawful'.
The Valpoi Municipal Council member was arrested on the premise that he was a member of the
Popular Front of India
, which was declared an unlawful association under the UAPA Act.
Three other persons were also arrested along with him.
The division bench of Justices Bharati Dangre and Nivedita Mehta said that mere apprehension that a person may indulge in illegal activities in the future and the possibility of a breach of peace in the locality or commission of any cognisable offence is not sufficient ground to justify his arrest.
It said that there is also no concrete material establishing a link between him and the PFI or that he indulged in activities of the unlawful association in the past, giving rise to an apprehension that he may indulge in the activities in the future.
'The power conferred on the police officer necessarily must be discharged with accountability and responsibility,' the court said.
'…when we test the arrest in the backdrop of Article 21, i.e. 'right to life and liberty', which has considered a right to reputation as a cherished right and an important facet of Article 21 of the Constitution of India, as the term 'life' is of wider amplitude and necessarily conveys life with dignity and involves the reputation of a person, with the petitioner (Sayad) enjoying a position in society, he definitely has a right to contend that his image in society has been tarnished on account of the action of his wrongful arrest without sufficiency of the material justifying such an arrest under Section 151 of the CrPC,' the court said.
The court observed that Sayad was immediately released after being produced before the magistrate and that he can approach an appropriate forum to seek compensation if he desires.
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