Supreme Court Moves To Curb Police Lawlessness
The Supreme Court order of September 21, which aims to prevent the usual practice across India of immediately re-arresting people released by the courts, has been long sought judicially and should be welcomed. The measure announced by the Bench of Justice Ujjal Bhuyan and Justice Anil Chandrukar will go a long way in curbing compulsive police cruelty and their scant respect for the law in what…
The Supreme Court announced an order on September 21 to curb the common practice of police rearresting individuals released by the courts. This issue, known as illegal rearrest, has become a prevalent practice in India, undermining the essence of the judicial process. The court emphasized that rearrest must not be dependent on the authority that had violated the constitutional provision.
Article 22 of the Constitution grants the right to life and personal liberty, mandating the accused be informed of the arrest reasons, an arrest memo issued, and legal assistance offered. Unfortunately, police in India fail to follow these guidelines, often arresting individuals without the necessary legal procedures. The Supreme Court has now outlined the grounds for rearrest, requiring a magistrate's authorization and written grounds for arrest, even in cases involving special laws like PMLA and UAPA.
Additionally, the immediate superior must endorse the rearrest request, and the magistrate must assess legitimate reasons for re-arrest. If found illegitimate, a departmental inquiry against the police officer is mandatory. This judgment comes at a crucial time when the judiciary and lower judiciary have been criticized for their inability to protect personal freedoms and uphold constitutional values. The ruling aims to set a precedent for police and judiciary to abide by the law.
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