Man Arrested By UP Police Without Informing Delhi Police, High Court Seeks Response On Compliance Of Protocol For Inter-State Arrests
The Delhi High Court has sought response of the Commissioner of Police, Greater Noida, Uttar Pradesh as to whether any protocol has been agreed to with the Delhi Police in case of Inter-State arrests as per a 2019 decision of a division bench.A division bench comprising Justice Prathiba M Singh and Justice Dharmesh Sharma said that there is a need to ensure that the prescribed protocol...
The Delhi High Court has sought response of the Commissioner of Police, Greater Noida, Uttar Pradesh as to whether any protocol has been agreed to with the Delhi Police in case of Inter-State arrests as per a 2019 decision of a division bench.
A division bench comprising Justice Prathiba M Singh and Justice Dharmesh Sharma said that there is a need to ensure that the prescribed protocol for inter-state arrests is followed by the UP Police.
The Court referred to the division bench judgment in Sandeep Kumar v. State wherein it was held that inter- state arrests cannot be effected without following a proper protocol.
The Bench was dealing with a habeas corpus plea filed by a man who was arrested by the Uttar Pradesh police Connaught Place without informing the Delhi Police and was taken to an unknown place. The plea was filed seeking his production since his whereabouts were not known.
His counsel submitted that the suspicion was that the UP Police had picked up the man and had not produced him before any Court. It was alleged that he was physically assaulted and manhandled and an MLC was also conducted on him.
UP Police's counsel told court that an FIR was registered against the man Beta II police station, Greater Noida, Gautam Budh Nagar and that he was produced before the trial court which has reserved orders in his bail plea.
The Court was also informed that the police remand qua the man was not extended and thus, he was released.
The Bench noted that no information was given to the Delhi Police prior to the arrest of the man who is a resident of Delhi. Observing that the matter required a deeper look as none of the other prescribed procedures were followed, the Court said:
“No grounds of arrest also appear to have been communicated at the time of arrest. If the procedures prescribed are not followed, the arrest itself would be contrary to law.”
The Court sought response of the Commissioner of Police to examine the CCTV footage to ascertain the manner in which the police from UP had picked up the man without any information to the Delhi Police and as to why private vehicles were used and the UP Police personnel were not in uniforms.
The status report has to include the following aspects:
- Who were the police personnel who picked up the Petitioner from Delhi?
- Which was the vehicle used for the said purpose?
- What does the Medical report conclude after conducting X-ray as directed in the MLC.
The matter will now be heard on May 05.
Title: SATINDER SINGH BHASIN v. STATE OF NCT OF DELHI & ORS.
Citation: 2025 LiveLaw (Del) 227
