The Punjab & Haryana High Court, in an extraordinary order, has directed the forthwith release of a GST-registered proprietor who was arrested by the Principal Commissioner, CGST Ludhiana after he appeared before the authorities at 11:00 AM on 23.09.2026 in compliance with the court’s own order, was detained throughout the day and night, and was formally shown as arrested at 4:45 AM on 24.09.2026 — while the court was already seized of the matter with the next hearing fixed for 29.09.2026. The order by Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor in CWP-31964-2026 (Kuldeep Goyal / M/s Ansh Steel Alloys, decided 25.09.2026) finds the conduct of the authorities to be a brazen act of violation of Article 21 of the Constitution and an attempt to overreach the proceedings of the court.
The court found prima facie manipulation in the summons: the DIN was generated at 12:07 PM while the summons containing reference to that DIN mentioned the time of appearance as 12:05 PM — an impossibility. The authorization for arrest made no reference to the orders of the court, and the reasons recorded (preventing further offence, ensuring unhindered investigation, preventing tampering) were held wholly misplaced when the petitioner was already present with all records under court orders. The court noted that when the court’s order was shown to the officers, they simply kept it aside. The Principal Commissioner, CGST Commissionerate Ludhiana was directed to be impleaded in personal capacity as respondent No. 5, and the SIO who effected the arrest as respondent No. 6, with notices calling upon both to explain their conduct and show cause why appropriate observations should not be made recommending disciplinary action.
- 2026-juristway.com-2665-HC(Punjab & Haryana)-GST | High Court of Punjab & Haryana | CWP-31964-2026 | 25.09.2026