Bhiwani: Rights panel takes strong view of ‘illegal’ arrest in civil dispute

The Haryana Human Rights Commission (HHRC) has taken a strong view in a case from Sadar police station of Bhiwani district, where a person was arrested by misusing sections 126/170 of the BNSS during a dispute of civil nature.

Treating the matter as a serious violation of human rights, the Commission has ordered issuance of a show-cause notice to the concerned police officer and sought an explanation from SP Bhiwani. They are directed to submit their responses at least one week prior to the next date of hearing, fixed for February 25, 2026.

As per the police report placed before the chairperson of the Commission, justice Lalit Batra, preventive action was taken by assistant sub-inspector/ESI Virender during interrogation of a civil dispute between two brothers.

In the present case, the Commission said that the Bhiwani SP, in its report dated December 2, 2025, has categorically stated that the complaint filed by Jagjeet was found to be of civil nature.

However, the Commission, in its order, clearly observed that the purpose of Sections 126 and 170 of the BNSS (earlier Sections 107/151 of the CrPC) is preventive justice and not punitive, and that the essential conditions for invoking these provisions were not fulfilled in the present case.

“Justice Batra observed that when the matter was purely civil in nature and both parties were present at the police station in the presence of police officials, there was neither any apprehension of breach of peace nor any likelihood of commission of a cognisable offence. A careful scrutiny of the report clearly reveals that the conditions required for invoking Sections 126/170 of the BNSS (earlier Sections 107/151 CrPC) were not satisfied,” HHRC order read.

It appears, the Commission said that ASI/ESI Virender converted the inquiry proceedings into an apprehension of breach of peace and attributed a design to commit a cognisable offence to the concerned person (complainant Ashok Kumar), without recording any opinion that the offence could not be prevented otherwise, and thus proceeded to invoke Sections 126/170 of the BNSS.

The HHRC observed, “Such one-sided and selective invocation of these provisions without any cogent material reflects a partisan approach and abuse of power on the part of the said police officer.”