Bilaspur High Court Slams Police for Illegal Arrest, Calls It Violation of Fundamental Rights
Digital Desk
The Chhattisgarh High Court has strongly criticized Bilaspur Police for arresting a murder accused despite a court order granting him one month to surrender. Terming the action a violation of fundamental rights, a division bench of Chief Justice Ramesh Sinha and Justice B.D. Guru declared the arrest illegal and directed the state government to pay ₹10,000 compensation to the petitioner within two weeks.
On October 8, 2025, the High Court had allowed accused Vijay Choudhary and others time until November 8 to surrender before the trial court. However, Civil Lines police arrested Choudhary on October 29—well within the protected period.
Accused Challenges Arrest in High Court
Choudhary moved the High Court, arguing that police ignored the court’s explicit order. The bench had earlier issued a notice to the Bilaspur SSP, seeking an affidavit explaining the arrest.
In response, SSP Rajnesh Singh submitted that police had received credible intelligence suggesting the accused might commit another offence, prompting his arrest. The bench rejected this justification, stating that police should have approached the court for guidance instead of acting unilaterally.
Court: Action Violates Articles 20 and 21
The bench held that the police action violated the constitutional right to life and personal liberty under Articles 20 and 21. It ruled that no intelligence input can override a judicial order. Although police issued an unconditional apology during the hearing, the court still ordered compensation for the accused.
Background of the Murder Case
The case dates back to November 22, 2013, when elderly couple Dashrathlal and Vimla Devi Khandelwal were attacked by masked assailants at their Bilaspur residence. Dashrathlal died of his injuries, while Vimla survived. Police arrested two suspects in March 2014, but delays and inadequate investigation resulted in the trial court acquitting the accused due to lack of evidence.
The state challenged the acquittal. The High Court overturned the earlier judgment and ordered the accused to surrender within one month—a directive violated by the recent police action.
