Telangana Police illegally arrested Bhopal academic, evidence collected bad in law: Madhya Pradesh High Court

The Madhya Pradesh High Court recently ordered that the evidence collected by Telangana Police after “illegal arrest” of an assistant professor from Bhopal should not be used against him in any trial [Ketan Singh v. The State of Madhya Pradesh]..Justice Vishal Dhagat found that Telangana Police had not arrested the petitioner Ketan Singh, an assistant professor at Sarvepalli Radhakrishnan University, from Hyderabad as claimed but had whisked him away from Bhopal without any arrest warrant or without informing the local police. The Court said by doing so, the Hyderabad Police had violated the standard operating procedure required to be followed when arresting a person outside their own state.“It is directed that evidence which is collected by police after making illegal arrest of petitioner after 11.02.2022 shall not be used in evidence against petitioner in pending criminal trial,” the Court ordered..Singh moved the Court seeking enquiry against the Police. His Counsel told the Court that he was “abducted” by officers of Telangana Police in February last year and he was also physically assaulted during his custody. It was only a few days later that a First Information Report (FIR) was lodged against him, the Court was told. Assistant Commissioner of Police, Special Investigation Team, Hyderabad in response told the Court that Singh and others were accused of preparing fake educational certificates of various courses. The petitioner was arrested at Hyderabad, the Police claimed..After hearing the parties, the Court noted that while Hyderabad Police had admitted its officials were present in Bhopal for some other investigation, no evidence was produced to back the claim.It concluded that evidence showed that Telangana Police had arrested the petitioner from Bhopal and not Hyderabad. The petitioner was arrested without there being any FIR or any credible information regarding commission of offence, the bench said.Finding that FIR was recorded later, the Court said, “Ante dated investigation was conducted by Telangana Police and investigation done by police during raid at Hymavati Height, Saleem Nagar, Malkapeth, seizure made on 14.02.2022 and statement recorded are bad in law.”Accordingly, the Court said such evidence shall not be used against the petitioner in the pending criminal trial. However, with regard to the prayer for action against officers of Telangana Police officers, the Court said,“Director General of Police, Telangana is free to initiate Departmental Enquiry against said police officers for act committed by them contrary to law.”.Senior Advocate Sumit Nema and Advocate Ayush Gupta represented petitioner. Government Advocate Pramod Thakre represented the State of Madhya Pradesh. Advocate Akash Mal Pani represented the Hyderabad Police[Read Judgment]