Prayagraj:

Senior advocate Anoop Trivedi, representing the petitioner, said that Chhattisgarh's Anti Corruption Bureau had registered a case against Anwar under the fraud, forgery, and the Prevention of Corruption Act. The accused was arrested on 4 April 2024.

Later, on June 14, 2024, the Chhattisgarh High Court granted him bail. However, on the same day of his release, he was rearrested by the Uttar Pradesh Police in connection with a 2023 fraud case registered at Kasna Police Station in Gautam Buddh Nagar. He was then produced before a remand magistrate in Raipur and brought to Uttar Pradesh.

On 21 June 2024, Dhebar was produced before the Special Judge (Anti-Corruption) in Meerut and was sent to judicial custody.

Allahabad High Court on Monday declared the arrest of Anwar Dhebar, a resident of Ghaziabad and an accused in the Chhattisgarh liquor scam, as illegal.

On Monday, the division bench of Justice Siddharth Verma and Justice Madanpal Singh cancelled the remand order. The court said that it is illegal to arrest a person without giving a reason. At the time of arrest, the provisions of Article 22 (1) of the Constitution and Section 50 of the Code of Criminal Procedure must be followed.

According to Trivedi, the arrest of the petitioner is contrary to Article 19 (1) and Article 22 (1) of the Constitution. The provisions of Section 50 of the Code of Criminal Procedure were also not followed in the arrest, Trivedi contended. He drew the attention of the court to the arrest memo issued by the Uttar Pradesh Police.

Trivedi contended that no reason for the arrest was given in the memo, and according to Article 22 (1) of the Constitution, no person can be arrested without giving the reason for the arrest.

However, the court clarified that it has not interfered with the charge sheet filed against Dhebar. The concerned trial court has been granted liberty to continue proceedings as per the charge sheet. The court has ordered to send a copy of this order to the Uttar Pradesh Director General of Police (DGP) so that he can issue instructions to all the concerned police officers to avoid technical flaws at the time of arrest in future.

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