Tyagi was detained by the Gujarat ATS from Salasar in Churu of Rajasthan with the help of Rajasthan police at 4pm Sunday. The arrest came less than 24 hours after an FIR was registered against him at ‘A’ Division police station in Jamnagar city at 12.30 am Sunday under IPC Sections 406 (criminal breach of trust) and 420 (cheating and dishonestly inducing delivery of property). The FIR was registered following a complaint by Bhavesh alias Tinabhai Nakum from Jamnagar. Nakum alleged that Tyagi did not pay him Rs 25,000 for his services for decorating a mass-wedding event one-and-a-half years ago and not returning decoration materials worth Rs 3 lakh.
The Gujarat ATS had handed over Tyagi to a team of Special Operations Group (SOG) of Jamnagar district police at Palanpur in Banaskantha district on the Gujarat-Rajasthan border Sunday evening. The AAP leader was brought to Jamnagar at 8 am Monday and was formally arrested by the ‘A’ Division police of Jamanagar in connection with the cheating case.
At 5 pm Monday, the ‘A’ Division police produced Tyagi at the court of magistrate MD Nandani with an application seeking his remand for four days. However, the court trashed police remand application and set Tyagi free after terming his arrest illegal.
“We contended that Tyagi was arrested illegally as the police had, in contravention of Supreme Court orders, not served him prior notice under CrPC Section 41 (a). Nor had the police furnished a checklist enlisting the reasons for arrest. The court agreed with our submission and termed Tyagi’s arrest illegal and ordered him to be set free,” VH Kanara, Tyagi’s lawyer, told The Indian Express Tuesday.
Tyagi’s detention had come on the eve of the second-phase polling for the Assembly election in Gujarat. The AAP leader was on a pilgrimage to Salasar Balaji temple in Churu when he was detained. Tyagi, his family and friends had embarked on their pilgrimage early Friday, a day after the first-phase polling concluded in Jamnagar and the rest of Saurashtra-Kutch.
Kanara also said the AAP leader will file a petition before the National Human Rights Commission seeking action against the Gujarat ATS, Jamnagar district police and three personnel of the Rajasthan police for infringing on his human rights.
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