Punjab & Haryana High Court Issues Guidelines To Check Unnecessary Arrests; Non-Compliance Will Lead To Departmental Enquiry, Contempt Action

The Punjab & Haryana High Court has issued guidelines in compliance with the Supreme Court directions in Md. Asfak Alam v. State of Jharkhand & Anr. to ensure that police officers do not make unnecessary arrests and that Magistrates do not casually or mechanically authorize detentions.

“The following guidelines are framed by the High Court of Punjab and Haryana at Chandigarh to ensure that police officers do not arrest the accused unnecessarily and the Magistrates do not authorize detention casually and mechanically.”

Notably, in the aforesaid case, the Supreme Court had asked for the guidelines on arrest laid down in Arnesh Kumar v State of Bihar to be scrupulously followed.

Accordingly, the High Court has issued the following guidelines:

1. The law as laid down in Arnesh Kumar v State of Bihar shall be strictly followed.

2. In terms of the judgment in Md. Asfak Alam (supra), the State shall instruct its police officers not to automatically arrest when a case under Section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters flowing from Section 41 of the CrPC.

3. All police officers will be provided with a checklist containing specified sub-clauses under Section 41(1) (b) (ii) CrPC.

4. The police officer shall forward the checklist duly filled and furnish the reasons and materials which necessitated the arrest while forwarding/producing the accused before the Magistrate for further detention.

5. The Magistrate while authorizing detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention.

6. The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing;

7. Notice of appearance in terms of Section 41-A of the CrPC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing;

8. Failure to comply with the directions aforesaid apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before the High Court having territorial jurisdiction;

9. Authorizing detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

10. The directions aforesaid shall not only apply to the case under Section 498-A of the Indian Penal Code or Section 4 of the Dowry Prohibition Act, 1961 but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine.

The Court directed all the concerned courts to strictly follow the above guidelines.