For Inter-State Arrest, Police Must Follow Guidelines : Delhi High Court

The Delhi High Court has issued guidelines that must be followed by the police of one State, when they go to some other State or Union Territory, to effect an arrest while investigating a complaint or a First Information Report (FIR) disclosing a cognisable offence. A Division Bench of Justice Muralidhar and Justice Talwant Singh has asked Delhi Police to implement the recommendations given by a Committee headed by Justice SP Garg which was constituted by the court to look into the issues involved in the present matter. The present case involved a habeas corpus petition filed under Article 226 of the Constitution, where the Petitioner Sandeep Kumar had asked the court to issue directions to the police to produce his wife, Nisha, before the court. Sandeep and Nisha had solemnised their marriage under the Hindu Marriage Act, after Nisha, who was a Muslim, embraced the Hindu faith. After their marriage, Nisha's father came to the residence of the couple in the JNU campus created a ruckus and threatened both the Petitioner and Nisha with dire consequences. The Petitioner further stated that at around 8 pm on 2 July 2018, the local police accompanied by JNU security personnel and others in civilian clothing forcibly took away Nisha and also handed over the Petitioner to "other people" who were in civilian clothing. Thereafter, he was then taken to Ghaziabad and kept in a police lockup for three days and two nights and was abused and beaten. He also named SI Sharad Kant Sharma of Loni police station as the officer who threatened to implicate him in a false case of rape if he tried to reunite with Nisha. The status report which was subsequently filed, states that an FIR was lodged by Nisha's brother in Loni police station. In pursuance of the said complaint, SI Sharad Kant Sharma of PS Loni came to JNU along with his staff and found Nisha to be present there. It is stated that she was produced subsequently before the concerned Court where she said that she left her home in anger due to a quarrel with her sister and is now returning to her family members of her own free will. When Nisha appeared before the High Court, she said she's willing to reunite with the Petitioner. During the in chamber hearing, she confirmed to the court that she had married Sandeep, the Petitioner, of her own free will. Subsequently, on August 4, this court constituted a Committee to conduct an enquiry into the matter and in particular the legality of the actions of the police attached to PS Loni (Ghaziabad) and PS Vasant Kunj. The said committee was headed by Justice SP Garg, retired judge of the Delhi High Court. After receiving the said report, the court had directed a copy of the same to be immediately forwarded to both to the CP, Delhi and the DGP, Uttar Pradesh for appropriate disciplinary action to be initiated against the erring police officers. The Committee headed by retired Justice SP Garg, had given the following detailed suggestions as to the protocol to be followed by the police in the event of inter-state arrests: The Police Officer after assignment of the case to him, must seek prior permission/sanction of the higher/superior officers in writing or on phone (in case of urgency) to go out of State/UT to carry out investigation. In a case when the police officer decides to effect an arrest, he must set out the facts and record reasons in writing disclosing the satisfaction that arrest is necessary for the purpose of investigation. At first instance, he should move the Jurisdictional Magistrate to seek arrest/search warrants under Section 78 and 79 Cr PC except in emergent cases when the time taken is likely to result in escape of the accused or disappearance of incriminating evidence or the procurement of arrest/search warrant would defeat the purpose. The Police Officer must record reasons as to what were the compelling reasons to visit other State without getting arrest/search warrants. Before proceeding outside the State, the police officer must make a comprehensive departure entry in the Daily Diary of his Police Station. It should contain names of the police officials and private individuals accompanying him; vehicle number; purpose of visit; specific place(s) to be visited; time and date of departure. If the possible arrestee is a female, a lady police officer be made part of the team. The Police Officers should take their identity cards with them. All police officers in the team should be in uniform; bear accurate, visible and clear identification and name tags with their designations. Before visiting the other State, the Police Officer must endeavour to establish contact with the local Police Station in whose jurisdiction he is ...

For Inter-State Arrest, Police Must Follow Guidelines : Delhi High Court

Karan Tripathi

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