CA arrested wrongfully | Representation by Chartered Accountants group against such disgraceful action of Police

written by ADMIN | May 17, 2021

A representation has been made by Chartered Accountants Association Surat (“CAAS”), against Disgraceful Actions by Police Department wherein it has been said that officers have now started making arrests without following due legal processes like issue of summons u/s 160 of CrPC, making illegal arrests without making prior inquiries to the satisfaction of the Investigating Officer, illegal detention of individuals without sufficient cause etc.

This came after a member of CA fraternity was accused in a case of bogus billing and he was arrested without following proper procedure. Further it was mentioned that the actions done by CA were bonafide actions, done in their routine course of work on behalf of their clients and hence the arrest was incorrect.

In the representation it has been mentioned as under:

“He was also subject to tremendous mental and emotional harassment besides the following:

1. Neither was he given summons u/s 160 for CrPC, which is clear deviation of the established law and also a clear violation of Article 22 of the Constitution of India.

2. Nor were the family members of CA _____________ were informed after the arrest.

3. Verbal abuse of staff (including female employees) by the police officials at the office place of CA _______________ during the arrest.

4. Keys of the office of CA ______________ were snatched from employees and despite confiscation of documents required by the Police, the office was locked illegally without official seal from 07/04/2021 8 pm to 09/04/2021 11 am.

5. Illegal detention of CA __________________ under the name of Judicial Custody for more than 1 month (07/04/2021 to 11/05/2021) without any sufficient cause or evidence.

This poses serious question on the working of the Police with respect to the areas of taxation laws like GST over which it does not have direct jurisdiction, still it holds CA legal hostages for days without any evidence or even without any intent to investigate further to obtain those evidence.

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Our Representation:

We expect more maturity and responsible behaviour from the Police Department when allegations are made on citizens and especially on revered citizens like Chartered Accountants. We also demand an inquiry in the said matter and suitable punitive action be taken against those found guilty, so that no such incidents recur in future on any of our member. Your timely action and response on the said matter would be highly appreciated.”

Later CA is released by the Hon’ble Court of the Chief Judicial Magistrate, Surat for lack of evidence u/s 169 of CrPC.

Now with the increasing amount of financial frauds, it is high time that a Chartered Accountant learns about basics of legal laws and his rights in such matter as the first person who is charged in such cases is a Chartered Accountant who was handling compliances of such person/ business wherein he is not involved in such cases and he was just providing his services to the clients with a bona fide belief.

 

To download full representation CLICK HERE.