Allahabad High Court Orders Release of Builder in Noida Techie Death Case Over Arrest Violations
The Allahabad High Court has directed the immediate release of Abhay Kumar, the director of real estate firm Wiztown Planners Ltd, who was arrested in connection with the tragic death of a software engineer in Noida last month. The court ruled that his arrest was conducted in violation of mandatory legal procedures, specifically the failure to provide an arrest memo disclosing the grounds of arrest.
Court Cites Violation of High Court Directions
A division bench comprising Justices Siddharth and Jai Krishna Upadhyay heard a habeas corpus petition filed by Kumar challenging his arrest. The bench noted that the police did not furnish an arrest memo to the accused, which is a clear breach of High Court directives. This oversight rendered the arrest illegal, prompting the court to order Kumar's release forthwith.
The court emphasized that this case aligns with a previous judgment where similar violations were observed. In that instance, the court had ordered the release of another individual, Umang Rastogi, on identical grounds of procedural non-compliance by the Gautam Buddha Nagar Police.
Background of the Noida Techie's Death
On January 16, software engineer Yuvraj Mehta tragically drowned after his car plunged into a deep, water-filled pit in Noida's Sector 150. Despite screaming for help for approximately two hours, he could not be rescued in time. The incident sparked widespread outrage and led to a police investigation.
The Gautam Buddha Nagar Police arrested Abhay Kumar on January 20, charging him with culpable homicide, causing death by negligence, and negligent act endangering human life. Wiztown Planners Ltd had been in possession of the land since 2019-20, linking the firm to the site of the accident.
Legal Proceedings and Court Observations
In his petition, Kumar sought directions for his release from what he termed illegal custody, arguing that his arrest, detention, and remand were null and void due to the police's failure to follow established legal procedures. He also requested the quashing of remand orders issued by the Chief Judicial Magistrate of Gautam Buddha Nagar.
Kumar's counsel relied on the judgment in the Umang Rastogi case, pointing out that Clause 13 of the arrest memo—which mandates disclosure of arrest grounds—was not complied with in this instance either. The court concurred, stating, "We find that the facts of this case are covered by the aforesaid judgment of this Court... by violation of Clause 13 of memo of arrest, arrest of accused was made."
Broader Implications and Police Accountability
This ruling underscores ongoing issues with police procedures in Uttar Pradesh. In its January 22 order, the same division bench had issued directives to the UP Director General of Police to strictly address officers who fail to disclose arrest grounds to accused individuals. The bench recommended that such officers face departmental inquiries after suspension to deter future violations.
The court's decision highlights the critical importance of adhering to legal protocols in arrests to uphold justice and prevent arbitrary detentions. It serves as a reminder to law enforcement agencies to ensure transparency and compliance with court-mandated procedures.
As the case unfolds, further investigations into the Noida techie's death are expected to continue, with potential implications for real estate regulations and safety standards in the region. The High Court's intervention reinforces the judiciary's role in safeguarding individual rights against procedural lapses.
