Arrested and now suspended Sub-Inspector Dipali Baruah approached Gauhati High Court by filing writ petition under Article 226 of the Constitution of India challenging the legality and validity of her arrest on 18.05.2017 at around 9.00 pm- 9:30 PM i.e. after sun set by Chaper Police in Dhubri District violating the provisions of sub-section 4 section 46 Cr. P. C which prescribes that no woman can’t be arrested after sunset and before sunrise without prior permission of judicial magistrate as well as violating law laid down by Hon’ble Apex Court in the case of Arnesh Kumar V. State of Bihar reported in (2014) 8 SCC 273.
Dipali Baruah was arrested on 18.05.2017 at around 9:30 PM (After sun set) by Chaper Police at Dhubri District without complying the provisions of law as laid down by Hon’ble Apex Court in the case of Arnesh Kumar (Supra) as well as in violation of the provisions of sub-section 4 section 46 Cr.P.C. As such her arrest cannot be said to be legal and hereby violates Article 21 of the constitution of India.
As such the her arrest dated 18.05.2017 is illegal, arbitrary, without authority of law and against the provisions of Cr.P.C and She is liable to be released forthwith, said Amit Goel, advocate of Dipali Barua .
Arrested Police Officer is also seeking direction from the High Court for adequate compensation for her illegal arrest and for initiation of contempt and departmental proceedings against the arresting authorities as per the directions given by Hon’ble Apex Court in Arnesh Kumar (Supra).
She is further seeking stay of the investigation of the aforesaid FIR till the completion of enquiry by Hon’ble Mr. Justice (Rtd.) B.K. Sharma.
The matter shall be taken up by Senior most Judge of Gauhati High Court Justice Hrishekesh Roy on Monday (05.06.2017) for hearing.