RECENTLY, the Bombay High Court imposed an exemplary fine of Rs. 50,000 on the Central Bureau of Investigation (CBI) for doing an illegal arrest. In the present case the officers of CBI arrested Ms. Kavita Manikikar in relation with the PNB fraud case.
She filed a petition before the Bombay High Court and alleged that her arrest was in violation of Section 46(4) of the Code of Criminal Procedure. As per this provision a woman cannot be arrested after sunset and before sunrise. Such an arrest can only be made in certain exceptional cases. Further, for this a woman police officer needs to take permission from Judicial Magistrate first class before making any arrest.
As per CBI, She was authorized signatory of the three firms owned by Nirav Modi. Mr. Modi is the prime accused in PNB fraud case. The officers arrested her at around 8 pm which was in complete violation of law.
The Bench comprising Justice S.J. Kathawalla and Justice Bharti Dangre held that the arrest was illegal and observed that right to life and liberty as given under Article 21 of the Constitution of India  cannot be denied to a convict or an accused. The state is under an obligation to ensure that rights of citizen are not violated .
The court thus ordered CBI to pay Rs. 50,000 to Ms. Manikikar within eight weeks, and disposed of the Petition. The court clarified that the agency is free to recover this cost from the erring officers responsible for the violations.
Courtesy : LAWRATO.COM