In a significant rebuke to the Central Bureau of Investigation (CBI), a special CBI court in Panchkula has declared the arrest of Tanoj Yadav, a Superintendent in the anti-evasion wing of CGST Faridabad, and Aakash Rohilla, a data entry operator, as illegal. The court directed their immediate release, ruling that their detention on June 3 was in violation of mandatory legal procedures.
Presiding over the case, Special CBI Judge Rajeev Goyal noted that the investigating agency had failed to furnish the accused with written grounds of arrest at the time of their detention—a requirement explicitly upheld by the Supreme Court and various high courts. “Failure to provide written reasons for arrest deprives the accused of essential legal safeguards, including the right to seek legal counsel, contest custody, and apply for bail,” the court observed.
Dismissing the CBI’s plea for police remand, the judge reiterated that the right to be informed in writing about the grounds of arrest is not just procedural but a fundamental legal entitlement. “Non-compliance with this mandate renders the arrest illegal,” he held.
The Bribery Allegation
The arrests were linked to a bribery case registered by the CBI on June 2 under Section 61(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 7 of the Prevention of Corruption Act, 1988. The case stemmed from a complaint by Manoj Malik, a resident of Ballabhgarh, who alleged that CGST officers visited his wife’s business premises on May 29.
According to the complaint, the officers threatened to issue a Goods and Services Tax (GST) notice amounting to ₹1.78 crore for alleged use of fake documents and demanded a bribe of ₹50 lakh. The demand was allegedly later negotiated down to ₹10 lakh.
The court’s ruling has cast a shadow over the CBI’s handling of the case, raising questions about procedural lapses even in cases involving serious corruption charges. Legal experts note that while the bribery allegations remain under investigation, the enforcement of procedural safeguards is crucial to upholding the rule of law.
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