The Allahabad High Court has ordered an inquiry into suspected fabrication of an arrest memo by Uttar Pradesh Police after finding discrepancies between the document submitted before a magistrate and the version later presented to the High Court.
The matter came up during a habeas corpus petition filed by Junaid, who challenged his arrest by Aligarh police on August 6. He argued that the arrest memo supplied to him did not adequately disclose the grounds for his arrest, making his continued detention unlawful.
A Bench of Justices Atul Sreedharan and Achal Sachdev examined the records and found that the two versions of the arrest memo contained significant differences. The document submitted before the High Court included additional entries setting out the grounds of arrest that were absent from the original record placed before the magistrate during remand proceedings.
The discrepancy prompted the Court to question whether the document had been altered after the accused was remanded to custody.
Court Suspects Entries Were Added After Remand
During the hearing, Junaid’s counsel produced a certified copy of the arrest memo that had been submitted before the remand magistrate. The defence pointed out that the version later filed by the police in response to the habeas corpus petition contained additional details.
After comparing the documents, the Bench observed that the grounds of arrest recorded in the original memo were perfunctory. It further concluded that the version placed before the High Court appeared to have been fabricated.
The judges noted that the additional entries in items 12 and 13 on the second page of the document appeared to have been inserted after the remand proceedings, possibly after the habeas corpus petition had been filed.
The Court expressed concern that the investigating officer may have been involved in preparing the altered document, describing the alleged conduct as a serious matter requiring further examination.
Registrar General Asked to Initiate Perjury Proceedings
Taking note of the suspected fabrication, the High Court directed its Registrar General to conduct an inquiry under Section 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which deals with the procedure for cases involving offences covered by Section 215.
The Court said that if the inquiry established a prima facie case of document fabrication and perjury in connection with the judicial proceedings, the Registrar General should initiate the necessary steps to bring the matter before a competent court against those found to be involved.
The direction places the focus not only on the alleged irregularities in Junaid’s arrest but also on the integrity of documents submitted by police authorities during court proceedings.
Accused Ordered to Be Released
Separately, the Bench found that the grounds of arrest communicated to Junaid were inadequate. Holding that the arrest did not meet the applicable legal requirements, the Court ordered his release.
The case, titled Junaid and another v. State of UP and 4 Others, arose from a challenge to the legality of his detention in a forgery-related matter.
The High Court’s order underscores the importance of properly documenting the grounds of arrest and ensuring that records presented before judicial authorities accurately reflect the original proceedings. The inquiry will determine whether the suspected alterations warrant further action against those responsible.
Senior Advocate Mohit Singh and advocate Subir Lal appeared for the petitioner.