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Jharkhand High Court Implements New Timings For Remand Matters, Says Production Of Arrestee At Evening Causes Inconvenience To Everyone
Bhavya Singh
9 Sept 2023 11:30 AM IST
The Jharkhand High Court has directed all Magistrates to ensure that remand matters are taken up by them at 2 PM to avoid production of persons arrested in the evening hours.The direction was made in a suo moto case registered concerning the safety and security of court premises, staff and judges in Jharkhand, in the wake of a recent incident where a civil court employee was attacked by...
The Jharkhand High Court has directed all Magistrates to ensure that remand matters are taken up by them at 2 PM to avoid production of persons arrested in the evening hours.
The direction was made in a suo moto case registered concerning the safety and security of court premises, staff and judges in Jharkhand, in the wake of a recent incident where a civil court employee was attacked by an intoxicated individual carrying a dangerous weapon while entering the Court's premises.
The division bench led by Chief Justice Sanjay Mishra and Justice Ananda Sen observed, “From the report, different aspects have been highlighted, but the one aspect which requires immediate attention is that practice has grown in Jamshedpur that remand matters are being taken up by the Magistrate, In-charge of the case, i.e., the cognizance taking Magistrate at 6.30 p.m. in the evening.”
“The Principal District Judge also verified the said fact. As per the provision of Section 167 of the Code of Criminal Procedure, 1973, a person, who is arrested, has to be produced before a Magistrate within 24 hours,” the Court added.
The Court also observed that the practice of producing the prisoners being arrested, pending investigation, or upon execution of a warrant issued by the court at 6.30 p.m. is definitely causing inconvenience to everybody including the counsel for the State, as well as the counsel for the accused and this practice should be stopped.
It therefore directed, “all the remand matters shall be taken up at 2.00 p.m by each concerned Magistrate without fail. The Registrar General of the High Court shall circulate this order to all such courts through the Principal District Judge of the respective districts courts. Any violation of this order shall be considered very seriously by us.”
The Court further stipulated that in case of arrest of a person in odd hours, the investigating agency may produce the under trial prisoner before the Magistrate as per the convenience of the investigating officer, but strictly within 24 hours of his/her arrest.
“In that case, the rule of producing the accused before the Magistrate at 2.00 p.m. may be taken up as a special case with some relaxation. The report submitted by the Registrar (Administration) of the Jharkhand High Court shall be taken on record,” the Court concluded.
In the previous hearing, the Court had directed the Director General of Police, Jharkhand, and the Additional Chief Secretary, Home, Government of Jharkhand, to appear before the Court. Additionally, a committee comprising two senior judges, Shri Shree Chandrashekhar, and Shri Sujit Narayan Prasad, had been tasked with investigating the matter. The Court has temporarily suspended further proceedings until the committee submits its report.
The case is scheduled for its next hearing on September 11, 2023, awaiting further updates and status reports.
Counsel For the Petitioner: Mr. H.K. Shikarwar, In Person
Counsel For the State: Mr. Rajiv Ranjan, Advocate General Mr. Piyush Chitresh, A.C. to A.G.
Counsel For the UOI: Mr. Prashant Pallav, Dy.SGI Ms. Shivani Jaluka, A.C. to Dy.SGI
Counsel For the NHAI: Ms. Sweety Topno. Advocate Mr. Amrit Raj Kisku, Advocate
Case Title: Court On Its Own Motion vs. The State of Jharkhand and Others
Case no.: W.P. (PIL) No. 4951 of 2023
