PRAYAGRAJ: Observing that irrational and indiscriminate
arrest
was gross violation of
human rights
, the
Allahabad high court
granted
anticipatory bail
to a person who had been booked under the Cow Slaughter Act at Lanka police station of Varanasi, reports Rajesh Kumar Pandey.
Granting anticipatory bail to Mohammad Tabish Raza, Justice Siddharth observed, "After considering rival submissions, the court finds there is a case registered against the applicant.
It cannot be said definitely when the police may apprehend him. After lodging FIR, arrest can be made by police at will. There is no definite period fixed for police to arrest an accused against whom FIR has been lodged."
‘Arrest should be the last option for police’
He said : "The courts have repeatedly held that arrest should be the last option for police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violations of human rights”.
During course of proceedings, counsel for applicant submitted that this was his first implication and that he had been implicated falsely in the case. Showing his apprehension that Raza could be arrested any time, the counsel sought anticipatory bail.
The state counsel submitted that in view of the seriousness of allegations against the applicant, he was not entitled to anticipatory bail.
"The apprehension of the applicant was not founded on any material on record and anticipatory bail could not be granted merely on the basis of imaginary fear," he said.
While granting bail to the applicant, the court in its decision dated Jun 12 relied on the case of Joginder Kumar v. State of Uttar Pradesh AIR 1994 SC 1349, where the apex court had referred to the third report of national police commission (NPC), wherein it is mentioned that arrests by the police in India was one of the chief source of corruption in the police.
The report suggested that, by and large, nearly 60% arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2% expenditure of jails. Personal liberty is a very precious fundamental right and 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.
English (US) ·