The Punjab and Haryana High Court has taken a stern view regarding the arrest of a couple from Mohali in a bailable case as well as the forceful detention of their two young children at the police station. The Court has directed the Punjab government to conduct an inquiry into the police officials involved in this matter and to take appropriate action against them.
This order was issued while hearing a petition filed by Monica Chhabra. During the hearing the Court raised sharp questions regarding the conduct of the Punjab Police.
Manish Giri counsel for the petitioner submitted that the charges leveled in the FIR registered at the Phase-11 Police Station on 20 November 2025 were bailable in nature. Despite this the police arrived at the couple’s residence in the morning and took them into custody. Furthermore no valid grounds were provided for their arrest.
The police also took the couple’s two young children aged one-and-a-half and five years to the police station. The children had not been named as accused in the case in any capacity. It became evident only after the couple was produced before a Magistrate that all the sections invoked in the case were bailable. Consequently the couple was released on the very same day.
The petitioner’s counsel argued that this action constituted a violation of the guidelines laid down by the Supreme Court. The Supreme Court has repeatedly emphasized that arrest should not be the norm, but rather an exception to be resorted to only when absolutely necessary particularly in cases where the maximum prescribed punishment is imprisonment for up to seven years.
The petition further asserted that such actions infringe upon Articles 14 and 21 of the Constitution which guarantee the fundamental rights to equality and personal liberty respectively Additionally the act of taking young children to the police station was highlighted as a matter of grave concern.
The Court was apprised that complaints regarding this matter had been lodged with senior police officials however no concrete action had been taken. Consequently the petitioners were compelled to approach the High Court to seek justice. Deeming the matter to be of a serious nature the Punjab and Haryana High Court has directed the State Government to initiate appropriate proceedings against the concerned police officials.
