A 52-year-old teacher accused of sexually assaulting and harassing 39 girls at a school was released from Yerawada Central Prison on Monday. A special court ruled his December 24, 2024, arrest illegal because Pune rural police failed to follow proper procedure.

Judge Cites Violation of Legal Provisions

Special judge (POCSO Act) Kavita Shirbhate, in a four-page order, stated, "The applicant-teacher was arrested on December 24, 2024. The arrest form mentions that intimation was given to his relative. But there is nothing on record to show that written intimation was given to him detailing reasons of arrest. The police have not followed the mandatory provisions. Detention is illegal and violates the clear mandate of law. It cannot be allowed and the applicant needs to be set free forthwith."

Conditional Release Granted

The court directed the teacher to furnish personal and surety bonds of Rs 25,000 within eight days after his release. Defence lawyer Vipul Dushing stated, "Our client was released from jail after the court order but he will have to face the trial once the police files a chargesheet."

Legal Arguments on Arrest Procedures

Dushing referred to Article 22 (1) of the Indian Constitution, emphasizing that informing an arrested person of the grounds of arrest is a fundamental right. He also cited Section 50 of the Criminal Procedure Code (CrPC), which mandates that the police must inform the accused of the reasons for arrest and their right to bail. "Every police officer arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which s/he is arrested," Dushing argued. He supported his case with high court and supreme court rulings, stating that failure to provide such information renders the arrest unconstitutional and illegal.

Police Plan to Challenge Order

Superintendent of Police (Pune rural) Pankaj Deshmukh said, "We have asked the state prosecution to file a criminal revision petition in the Bombay High Court against the special court's order as we feel we have complied with the mandatory provisions of law before arresting the teacher."

Inspector Mahadeo Waghmode, in charge of Ranjangaon MIDC police, added, "Our investigating officer had served a written notice on the teacher and informed him of the reasons behind his arrest. The court had also justified his arrest when he was produced for seeking first custodial remand."

Prosecution Defends Police Action

Special public prosecutor Nitin Konghe cited Section 251 of the CrPC, arguing that the police had informed the teacher’s relative about his arrest and were not required to provide written details directly to him.

The case remains ongoing as the police prepare to challenge the special court’s ruling.