Jaipur: The Rajasthan High Court has ruled that an arrest based solely on a WhatsApp notice cannot be considered legally valid. The order came in a case where accused Ravi Meena was arrested in a bribery-related matter based on a WhatsApp notice. The court found Additional Superintendent of Police (ASP) Pushpendra Singh Rathore guilty of contempt and directed him to appear in person on April 6 for the sentencing hearing.
The order was passed by Justice Praveer Bhatnagar, who was hearing a contempt petition filed by Meena. Meena’s counsel, Mohit Khandelwal, stated that the Anti-Corruption Bureau (ACB) arrested the petitioner on February 1, 2023, in connection with a bribery case linked to the Rajasthan Skill and Livelihoods Development Corporation. Prior to the arrest, a notice was issued on January 25, 2023, via WhatsApp, directing Meena to appear on January 31.
Meena had requested additional time to respond, citing his wife’s illness. Despite this, the ACB proceeded with the arrest without following due legal procedure. The petitioner argued that this constituted a clear violation of Section 41A CrPC, which mandates the issuance of a proper notice prior to arrest. The court noted that failing to follow this process infringes upon individual liberty.
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The High Court emphasized that notices must be served through legally recognised methods, such as personal delivery, posting at the address, or dispatch via Speed Post or other authorised modes. Sole reliance on a WhatsApp notice does not satisfy legal requirements, the court stated.
In its defense, the ACB argued that a notice had been issued and that the petitioner had evaded compliance. The bureau also stated that Meena had previously approached both the High Court and the Supreme Court seeking quashing of the FIR but had failed. The contempt plea, it claimed, was filed to pressure the investigating agency.
After considering submissions from both sides, the court found the arrest procedure unlawful and summoned the ASP for further proceedings.
The court underscored that strict adherence to legal notice issuance and arrest procedures is mandatory. The ruling sends a clear signal to administrative officials and police officers across the state that issuing a notice through digital means alone is insufficient.
This judgment not only upholds the sanctity of the law but also ensures the protection of individual liberty and personal security. The court noted that violations arising from improper notices or unlawful arrests will not be overlooked and must be treated with seriousness in the future.
The incident highlights the gap between digital notices and legal procedural requirements in the state. The High Court instructed authorities to strictly follow CrPC procedures when issuing notices and conducting arrests, ensuring citizens’ rights are not violated.
The Rajasthan HC’s ruling is considered a significant precedent for protecting personal liberty and legal procedure in the digital age. The court’s strict stance clarifies that even when technology is used in administrative processes, legal standards and rules cannot be bypassed.
