The arrest of East Delhi riots accused is arbitrary and against the directive of Supreme Court: Jamiat says in petition filed in the Court
AMN / New Delhi
Delhi High Court today directed the Delhi police to abide by guidelines laid down by Supreme Court in D.K. Basu vs. State of West Bengal 1997 (1) SCC 416 in case of arrest and detention of the accused person.
The bench of Justice Siddharth Mridul & Justice Singh also laid down that the arrested persons can seek permanent bail from the lower courts. The court posted the next hearing for June 24.
HC was hearing petition of JamiatUlama-i-Hind filed through its General Secretary Maulana Mahmood Madani with regard to arbitrary arrest of Muslims on the pretext of investigation of offences related to the Delhi riots, the
The Jamiat Ulama-i-Hind’s advocates Anup Goerge Chowdhry, June Chowdhry, Niaz Ahmad Farooqui, Tayyab Khan pleaded in the court in petition filed on April 24 that during the period when the entire Country is fighting against the pandemic ‘Covid-19’ the Delhi police on the pretext of investigation of offences related to the Delhi riots in the last week of February, 2020 being arrested from their houses and sent to jail, that too when the Hon’ble Supreme Court took suo-motu cognizance of the spreading of pandemic and passed a direction to all States and Union Territories to decongest jails and release prisoners on bail, parole and furloughs. The unilateral arbitrary and unwarranted act of Delhi Police, if not checked, will frustrate the very purpose of order dated 23.03.3020 passed by Hon`ble Supreme Court and would frustrate the purpose of “Emergency Parole” for inmates which the Delhi Government introduced by amending its Prison Rules and inserting Rule 1212A in Delhi Prison Rules for reducing the congestion in various jails by directing the release of prisoners.
Through the petition, Jamiat Ulama-i-Hind argued that it is painful to submit that the role of police in democratic society, particularly in Delhi, is biased, having communal colour and discriminatory. The role of police officer “as a Law Enforcement Officer is to serve mankind; to safeguard lives and property; to protect the innocent andweak against violence and disorder; to keep the peace; and to ensure the constitutional rights of all to liberty, equality and justice irrespective of caste and creed.”But unfortunately the police have shown inhuman behavior against the minority community, mostly the victims of riots. Especially in the Delhi case, the method of arrest does not suit the laid down guidelines. Therefore, the High court’ recommendations to abide by the guide lines is welcome step says; Senior advocate Anup George Chowdhry. He explained the guidelines that the Hon’ble Supreme Court in D.K. Basu vs. State of West Bengal 1997 (1) SCC 416 had laid down guidelines in case of arrest and detention of the accused person which are as follows:(1). The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.(2). That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest a such memo shall be attested by at least one witness. Who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest.
(3). A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.(4). The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.(5). The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon he is put under arrest or is detained(6). An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of her next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.
(7). The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The “Inspection Memo” must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.(8). The arrestee should be subjected to medical examination by trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned Stare or Union Territory. Director, Health Services should prepare such a penal for all Tehsils and Districts as well.(9). Copies of all the documents including the memo of arrest, referred to above, should be sent to the illaqa Magistrate for his record.(10). The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
(11). A police control room should be provided at all district and state headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.Failure to comply with the requirements hereinabove mentioned shall apart from rendering the concerned official liable for departmental action, also render his liable to be punished for contempt of court and the proceedings for contempt of court may be instituted in any High Court of the country, having territorial jurisdiction over the matter.