Landmark SC Judgment on ARRESTWhereas we are gifted with shield of landmark Judgment given by Hon Supreme Court in Joginder Kumar case in 1994, yet arrests are effected with fascination of ignorance.
Article 21 of Constitution of India direct:—No person shall be deprived of his life or personal liberty except according to procedure established by law.
Article 141 of Constitution of India declare Law declared by Supreme Court to be binding on all.
Law declared by Supreme Court:
In the words of Justice MN VENKATACHALLIAH in Joginder Kumar Vs State Of UP – 1994
"No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another.
The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person.
It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person's complicity and even so as to the need to effect arrest.
Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence.
There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a police officer issues notice to person to attend the Station House and not to leave the Station without permission would do
The SC thus vide para 29 of the order said …An arrest during the investigation of a cognizable case may be considered justified in one or other of the following circumstances :(i) The case involves a grave offence like murder, dacoity, robbery, rape etc., and it is necessary to arrest the accused and bring his movements under restraint to infuse confidence among the terror stricken victims.
(ii) The accused is likely to abscond and evade the processes of law.(iii) The accused is given to violent behaviour and is likely to commit further offences unless his movements are brought under restraint.(iv) the accused is a habitual offender and unless kept in custody he is likely to commit similar offences again.It would be desirable to insist through departmental instructions that a police officer making an arrest should also record in the case diary the reasons for making the arrest, thereby clarifying his conformity to the specified guidelines….
These requirements are not exhaustive. The Directors General of Police of all the States in India shall issue necessary instructions requiring clue observance of these requirements.
In additions, departmental instruction shall also be issued that a police officer making an arrest should also record in the case diary, the reasons for making the arrest.
LINK TO THE JUDGMENT:
THIS LANDMARK JUDGMENT IS SHARED BY ONE MR. ARUN AGGRAWAL OF NOIDA.
LINK TO CIRCULAR ISSUED BY DGP OF VARIOUS STATES IN COMPLIANCE TO SC ORDER. THIS LINK IS SHARED BY MR. KRISHNARAJ RAO.
Also pls find:-
LINK TO INDIAN CITIZENS POCKET GUIDE TO POLICE LAWS:
http://commonlaw-sandeep.blogspot.com/2009/04/indian-citizens-pocket-guide-to-police.html
LINK TO PUBLIC INTEREST LITIGATIONS: GUIDELINES, PRINCIPLES, PROCEDURE:
http://commonlaw-sandeep.blogspot.com/2009/04/how-to-file-writ-petition-or-pil-writ.html
LINK TO: RESOLVE OFFICIALS NEGLIGENCE / ILLEGALITIES BY SERVING NOTICE U/S 80 OF CPC 1908:
http://commonlaw-sandeep.blogspot.com/2009/09/resolve-public-officials-negligence.html
LINK TO SOME KEY LAW POINTS: PRE-LITIGATION, DURING-LITIGATION:
http://commonlaw-sandeep.blogspot.com/2009/08/invaluable-key-points-for-present.html
BEING EMPOWERED IS FUN. RTI IS FUN: http://rti.gov.in/
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iN APPRECIATION,
Sandeep Jalan
Janhit Manch, Kuber Bhuvan, Bajaj Road, Vile Parle West, mumbai.
May visit my web site at http://www.pilwrit.org/
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Palash Biswas
Pl Read:
http://nandigramunited.blogspot.com/
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