Delhi High Court Upholds Legality of Re-Arrest in Organised Crime Case: Procedural Lapses Cannot Be a Shield Against Justice
Procedural Defect Does Not Grant Immunity from Re-Arrest In a significant ruling reinforcing the integrity of criminal investigations, the Delhi High Court has upheld the re-arrest of four individuals accused of involvement in organised crime . The Court clarified that procedural defects in an earlier arrest do not permanently insulate an accused from subsequent lawful arrest. Justice Swarana Kanta Sharma emphasized that while procedural safeguards exist to protect personal liberty, they cannot be misused to obstruct investigations into heinous offences , particularly under laws like the Maharashtra Control of Organised Crime Act (MCOCA) . Background of the Case: From Technical Error to Re-Arrest The petitioners— Anwar Khan aka Chacha, Hasim Baba aka Asim, Sameer aka Baba, and Zoya Khan —were arrested in connection with FIR 629/2024 , which pertains to the murder of Sunil Jain . Their initial arrest was held "non-est" by a Special Judge on May 13, 2025 , owing to t...