Arnesh Kumar Arrest Guidelines Repeatedly Breached: Punjab & Haryana High Court Issues Notice To Chief Secretaries And DGPs Of Punjab And Haryana In Contempt Plea
Safiya Malik
The Punjab and Haryana High Court, Single Bench of Justice Sudeepti Sharma, has issued show cause notices to the Chief Secretaries and Directors General of Police of Punjab and Haryana, calling upon them to explain why contempt proceedings should not be initiated against them for persistent non-compliance with the Supreme Court's directions in Arnesh Kumar v. State of Bihar. The Court, observed that compliance affidavits filed by both States amounted to admissions of disobedience, and that merely charge-sheeting erring officers does not absolve senior officials of their responsibility to ensure implementation of the Supreme Court's directions on arrest procedures in cases involving offences punishable with imprisonment of up to seven years.
The present contempt petition was filed alleging non-compliance with the directions issued by the Supreme Court in Arnesh Kumar vs. State of Bihar and others concerning arrest procedures in offences punishable up to seven years. The petitioner contended that despite the Supreme Court’s judgment dated 02.07.2014 mandating safeguards against automatic arrests and mechanical authorization of detention, repeated instances of non-compliance were occurring in the States of Haryana and Punjab.
The Court noted that contempt petitions were frequently being filed against both States for alleged disobedience of the Supreme Court’s directives. Although the present petition was initially directed against the State of Haryana, the Court impleaded the State of Punjab in view of similar allegations of non-compliance. Counsel representing the State of Punjab accepted notice on behalf of the State. The matter concerned the implementation of procedural safeguards under Section 41 and Section 41A of the Code of Criminal Procedure, as referred to in the Supreme Court’s judgment.
The Court observed that “It is very frequently observed by this Court that contempt petitions are filed for disobedience of Criminal Appeal No. 1277-2014 in SLP (CRM) No. 9127-2013 titled as Arnesh Kumar vs. State of Bihar and others before this Court against State of Punjab and Haryana.”
Referring to the Supreme Court’s directions, the Court reproduced that “Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically.” The Supreme Court had directed, inter alia, that “All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC.” It further provided that “Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.”
The High Court recorded that “A perusal of the above shows that the copy of the judgment dated 02.07.2014 was forwarded to the Chief Secretaries as also the Director Generals of Police of all the State Governments and the Union Territories and the Registrar General of all the High Courts for onward transmission and ensuring its compliance.” It further noted that “Still the contempt petitions are filed for non-compliance of the directions given by Hon’ble the Supreme Court in Arnesh Kumar’s case (supra).”
The Court recorded that compliance affidavits filed by the States reflected deficiencies, observing that “It is very unfortunate that compliance affidavit (s) filed by both the States in these cases are rather admission of disobedience by them.” It also stated that “The charge sheet issued to the police officials would not condone the contempt made by them.” The Court concluded that “Rather the contempt is made out against Chief Secretaries and the Director Generals of Police of both the State Governments to whom the directions are issued to ensure the compliance.” It further observed, “This shows that both the States have not taken any steps to ensure compliance of directions issued by Hon’ble the Supreme Court in Arnesh Kumar’s case (supra).”
The Court directed that “The Additional Chief Secretaries and the Director Generals of Police of both the State Governments are directed to file a comprehensive affidavit (s) regarding the measures taken by them to implement the directions issued by Hon’ble the Supreme Court in Arnesh Kumar’s case (supra).”
“Notice is issued to Chief Secretaries and the Director Generals of Police of both the State Governments to show cause as to why contempt proceedings be not initiated against them.” The matter was ordered to be listed on 19.03.2026.
Advocates Representing the Parties
For the Petitioners: Mr. Amit Gupta, Advocate
For the Respondents: Mr. Ram Karan Sharma, DAG, Haryana; Mr. Ravneet Singh Joshi, DAG, Punjab; Mr. P.S. Poonia, Senior Advocate assisted by Mr. Dharampal Saini, Mr. Pulkit Dhanda, Mr. Yudhveer Hooda, Advocates
Case Title: Sandeep Kumar v/s Pankaj Nain, IPS and Others
Case Number: COCP No. 4146-2025
Bench: Justice Sudeepthi Sharma
