The Allahabad High Court has observed that arrest should be the last option for police and restricted to exceptional cases where apprehending the accused is imperative or custodial interrogation is required.
The court made the observation while granting anticipatory bail to one Sachin Saini who has been booked on several charges, including criminal intimidation, in a case lodged at Khurja police station in Bulandshahr district last year.
“Irrational and indiscriminate arrests are gross violation of human rights,” said Justice Siddharth.
The court stated that there is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. After an FIR is lodged, the arrest can be made by the police at will.
“The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required,” stated court in its order passed on Wednesday.
“Personal liberty is a very precious fundamental rights and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the peculiar case the arrest of an accused should be made,” the court added.
Referring to a case, the court said, “In the case of Joginder Kumar v. State of Uttar Pradesh AIR 1994 SC 1349 the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police,” the order stated.
“The report suggested that, by and large, nearly 60 per cent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 per cent of expenditure of the jails,” the order further stated.
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