Observing that no person shall be detained in custody without being informed of the grounds for arrest, a Delhi court has directed the Delhi police to supply former JNU student Umar Khalid a copy of the FIR in a case related to the Northeast Delhi riots for which he was arrested.
Khalid was arrested in connection with the riots in Khajuri Khas on October 1, while he was in judicial custody in another case related to an alleged conspiracy in the violence.
The court of Chief Metropolitan Magistrate Purushotam Pathak also directed police to supply him the remand application and remand order and reports of the medical examination conducted during police custody. The court was hearing an application moved by Khalid’s counsel seeking copies of the documents so as to know the grounds of his arrest.
The court said in its order that article 22 (1) of the Constitution stipulated that no police official can arrest an individual without informing the grounds of his arrest, and article 22 of the Constitution guaranteed the fundamental right of protection against the arrest and detention.
It further said section 50 of the Code of Criminal Procedure provided that every police official with authority to arrest someone without warrant must inform the person about the crime for which he is arrested.
“It is settled proposition of law that no person shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest… The provisions of Section 50 of the Code are mandatory. The police official must inform the arrested person all his rights after detainment and this is the duty of police official which he can not refuse. “Arrested person is entitled to full particulars of the offences for which he is arrested or other grounds for such arrest and his detention will be illegal if he has not been communicated the particulars of the offence,” the court said.
“An accused must be informed of the bare necessary facts leading to his arrest such as the grounds and the reasons, and the facts that in respect of whom and by whom the offence is said to have been committed as well as the date, time and the place of offences, etc, and for that purpose there is no prohibition in law restricting the supply of certain documents to accused who has been remanded to judicial custody,” the court said.
Special Public Prosecutor Manoj Chaudhary, appearing for the police, opposed the application saying there was no provision in law to supply the documents before taking the cognizance by the court.
He said Khalid has been informed about the grounds of his arrest and if the documents were supplied to him at this stage, it would open a “Pandora’s box” as he might move a number of applications for supplying one or the other document.
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