Contempt Proceedings Initiated Against GST Officials in Alleged Illegal Detention Case: Punjab & Haryana High Court

The Punjab and Haryana High Court has initiated contempt proceedings against senior officials of the Central Revenue Department for allegedly detaining a man unlawfully and obstructing the functioning of a court-appointed warrant officer.

The bench of Justice Harpreet Singh Brar, while hearing a habeas corpus plea, passed a scathing order directing the Additional Director General (ADG), GST, to submit an affidavit by July 18, disclosing the names and designations of all officers who allegedly interfered with judicial orders and seized official documents during the attempted recovery of the detainee.

The case, filed on June 5, revolves around the alleged illegal detention of a Chandigarh-based man who was reportedly picked up by GST officials at around 12:05 pm on June 4, 2025. He was not presented before a magistrate within the 24-hour constitutional mandate, prompting his wife to move the High Court.

Senior Advocate Vinod Ghai, who appeared for the petitioner contended that the man remained in custody for over 30 hours and was only formally shown as arrested at 8:40 pm on June 5. He was produced before the Duty Magistrate nearly an hour later, at 9:25 pm. The petitioner also submitted video evidence to support claims that the detainee was forcibly removed from the custody of the Warrant Officer.

The High Court had appointed a Warrant Officer on June 5 to locate and recover the detainee. The officer, accompanied by local police, entered the Central Revenue Building in Sector 17, Chandigarh at 6:42 pm and recorded the detainee’s statement. The officer noted visible injuries and documented the recovery. However, according to the court, officials of the department interfered with the officer's duties by snatching papers from his hands and disrupting the process.

Justice Brar termed the actions of the officials as “ex facie contemptuous,” adding that the incident represented a "blatant disregard for the rule of law" and violated Article 22 of the Constitution. “This Court cannot turn a Nelson’s eye to such recalcitrant misconduct… Allowing such lawlessness to continue unchecked would undermine the authority and dignity of the justice administration mechanism,” the court observed.

The court has directed the ADG, GST to identify all officials present between 6:30 pm and 9:00 pm on June 5, and file an affidavit accordingly. The affidavit must also indicate compliance with the Supreme Court’s ruling in Paramvir Singh Saini v. Baljit Singh (2021), which mandates the installation of CCTV cameras in all investigation offices.

While the Centre opposed the petitioner’s version, Additional Solicitor General Satya Pal Jain claimed that the individual was summoned under Section 22 of the CGST Act for an investigation and was arrested only after failing to cooperate. He sought additional time to submit a detailed reply, which was granted.

Public Prosecutor Manish Bansal and Additional Public Prosecutor Viren Sibbal appeared for the UT Administration. The court also allowed the petitioner to submit supplementary materials including video footage, medical records, and additional statements.

The case will be taken up again on July 18. The court has ordered the production of the original arrest memo, grounds of arrest, and the detainee’s medical report at the next hearing, underlining its firm stance against any breach of constitutional and procedural safeguards.