P&H High Court Dismisses SAD Candidate's Plea For 'Blanket' Anticipatory Bail

The Punjab and Haryana High Court has dismissed a petition filed by Kanchanpreet Kaur, daughter of Sukhwinder Kaur Randhawa, the Shiromani Akali Dal (SAD) candidate for the upcoming Tarn Taran Assembly by-election, seeking anticipatory or blanket bail on the apprehension that she may be implicated in false criminal cases due to political vendetta.

Justice Rupinderjit Chahal said, "directing the respondent to serve seven days prior notice before arrest would virtually amount to granting a blanket protection from arrest in guise of anticipatory bail which is contrary to the law laid down by the Hon'ble Supreme Court as discussed above."

The petition, filed under Section 482 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, sought pre-arrest protection or, in the alternative, a direction to the investigating agency to issue seven days' prior notice before taking any coercive action against her.

Counsel for the petitioner, a 32-year-old resident of Tarn Taran and covering candidate for her mother, apprehended political targeting aimed at disrupting her mother's campaign and instilling fear among voters ahead of the November 11 by-election. It was alleged that local police officials had been conducting raids at her residence.

The State counsel, opposing the plea, argued that the petition was a “politically motivated attempt” filed merely a day before polling to create media attention and gain sympathy. It was submitted that the model code of conduct prohibited canvassing by then, and that granting blanket protection on vague apprehensions would interfere with the statutory powers of the investigating agency.

 After hearing both sides, the Court held that no ground was made out for granting blanket or anticipatory bail on mere apprehension of arrest. Relying on the Constitution Bench judgment in Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565, and later decisions including Union of India v. Padam Narain Aggarwal (2008) 13 SCC 305 and Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1, the Court reiterated that anticipatory bail cannot be granted in a vacuum or in the nature of blanket protection.

“A blanket order of anticipatory bail is bound to cause serious interference with both the right and the duty of the police in the matter of investigation... Such an order can then become a charter of lawlessness and a weapon to stifle prompt investigation,” the Court quoted from Gurbaksh Singh Sibbia.

Holding that the petitioner's plea for prior notice before any arrest would virtually amount to granting blanket protection, the Court concluded that the petition was devoid of merit and dismissed it.

Title: Kanchanpreet Kaur v. State of Punjab and others

Mr. Ashok Aggarwal, Sr. Advocate with Mr. Arshdeep Singh Kler, Advocate and Mr. Jaspreet Singh Brar, Advocate and Mr. Paramvir Singh, Advocate and Mr. Ravinder Singh Sampla, Advocate for the petitioner.

Mr. Jastej Singh, Addl. A.G., Punjab.

Citation:2025 LiveLaw (PH) 443

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