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[Covid-19] Director General Of Tamil Nadu Issues Fresh Guidelines For Arrest/Remand Of Accused [Read Circular]

LIVELAW NEWS NETWORK
25 Jun 2020 4:34 AM GMT
[Covid-19] Director General Of Tamil Nadu Issues Fresh Guidelines For Arrest/Remand Of Accused [Read Circular]
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Following the custodial death of a father-son duo allegedly due to police excesses in Thoothukudi district, the Director General of Tamil Nadu Police has issued fresh guidelines for arrest/remand of accused persons.

The guidelines are also aimed at minimizing the spread of Covid-19 within the police department, in the backdrop of several instances whereby the arrestees tested and detenus tested Covid positive, forcing all the police officials who dealt with them to undergo quarantine.

For cases relating to bailable offences it is instructed that when arrest is done, the accused persons should be immediately released on bail and minimum physical contact should be made by Police Officers.

In case of non-bailable offences, it is instructed that arrest should be made by minimum number of police personnel and all precautions like wearing of PPE must be ensured. As far as possible, physical contact shall be avoided with the accused.

The circular further specifies that during production of accused before the Magistrate/ Court, police officials should utilize the video conferencing facility being offered by the Courts.

Further, the DGP has issued the following guidelines for arrest:

  • "The COPs/SPs and ACPs/DSPs shall find out a suitable building having proper facilities in each police sub-division to be used as Sub-Divisional Detention-cum-Production Centre. If no building is available, the ACPs/DSPs office can be used and the ACP/DSP can work from home / nearby police station temporarily. The accused persons who are arrested in non-bailable offences and are to be produced in the Court shall be brought to this Detention — cum —Production Centre rather than brought to the Police Stations for production before the Courts of Law.
  • A GD will be maintained in these Centres and one Inspector level officer shall be posted there by the ACP/DSP concerned.
  • The police party (numbers to be kept minimum) have to bring the accused to this place after conducting the post arrest medical examination along with the screening for Coronavirus.
  • Formalities of documentation will be done in this Detention Centre. The Honourable High Court of Madras has issued directions to the Police Department and also has informed all the Sub-ordinate Courts in the State that the Police Department may resort to the electronic video linkage for the production of accused before the Courts even for the first time after the arrest. In this direction, the COPs/SPs and ACPs/DSPs will make necessary arrangements and keep the Magistrates/Judges informed about the matter.
  • If the accused person is remanded to the judicial custody by the Magistrates/Judges informed about the matter.
  • If the accused person is remanded to the judicial custody by the concerned Magistrate Court, the accused person shall be taken to the earmarked prison and it will be incumbent on the Police Department to conduct the COVID test before taking him over to the designated prison.
  • If the person is found positive, the SI in-charge of the Detention-cum-Production Centre and all the Police officials who are involved physically in arresting the person only will be quarantined, which will be minimum in number and once such quarantine takes place, the COP/SP will post another Inspector in this Centre to be the in-charge of that Centre.
  • All hygiene protocols shall be followed in such Detention-cum-Production Centre. Disinfection to be done."

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