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2022 (3) TMI 1371 - HC - GSTSeeking issuance of Writ of Habeas Corpus for for release of brother of petitioner - the brother of the present petitioner is alleged to be illegally confined by GST - Respondent No.2 herein since 18.3.2022 - It is the grievance made on the part of the petitioner that he was permitted to give two pairs of clothes to one GST officer at the main gate of the GST Office building on 20.3.2022 but till date he is not permitted to meet his brother - HELD THAT:- The safeguards mandated through the guidelines in VIMAL YASHWANTGIRI GOSWAMI VERSUS STATE OF GUJARAT [2020 (11) TMI 40 - GUJARAT HIGH COURT], particularly the requirement to prepare an arrest memo, are directed towards “transparency and accountability” in the powers to arrest and detain. These safeguards flow from the fundamental rights guaranteed in Articles 21 and 22 respectively of the Constitution of India. The life and liberty of a person is secured under Article 21 and supplemented by Article 22 that provides key protection against the arbitrary arrest or detention to every arrested person.” Issue Notice returnable on 24.3.2022 - Respondent No.2 shall present himself before this Court along with the Corpus at 11:00 a.m. tomorrow.
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