No arrest without sufficient evidence

No arrest without sufficient evidence
The District police has issued broad guidelines to bring transparency in the arrest. It is going to prevent the misuse of the provision of arrest. Some of the guidelines are as follows:

The guidelines issued by the Supreme Court regarding arrest in DK Basu case will be followed in letter and spirit.
No one will be locked up in the lock up of Police Station without effecting arrest.
There will be a transition room in every Police Station at the entry gate of the police station. Examination or interrogation of a person called in the police station will be carried out in this transition room only.
Arrest will be effected if and only if there is sufficient evidence on case file against the person to be arrested. If the investigating officer makes his prima facie mind to arrest a person in any FIR, he will inform about it to the DSP concerned with all the facts and circumstances. The DSP after visiting the police station or over telephone will order to arrest the person if he is convinced with proof and evidence collected by the Investigating officer against the person.
After that an entry will be made in the daily diary regarding arrest and the person will be arrested with due procedure of law.

News: The Tribune: September 05, 2007

No arrest without sufficient proof

The district police chief has issued instructions regarding person’s arrest as per guidelines issued by the apex court. No one would be locked up in police station without effecting arrest. A person would only be arrested when the investigating officer has sufficient evidence. If the investigating officer makes prima facie mind to arrest a person in any FIR, he has to inform the DSP concerned about it with all facts and circumstances.

The DSP after visiting the police station or over telephone will order person’s arrest if he is convinced with proof and evidence collected by the investigating officer. After that an entry will be made in the daily diary regarding arrest and the person will be arrested with due procedure of law. Arrest memo in the prescribed format would be filled in certain cases like murder, kidnapping, robbery, dacoity, rape, snatching, theft, burglary, NDPS, etc.

(http://www.tribuneindia.com/2007/20070905/aplus1.htm#2)

Guidelines in the DK Basu case

In the para 36 of the judgment in the petition D.K. BASU v State of West Bengal given by the Honourable Supreme Court of India the following safeguards are available for the citizens to avoid indiscriminate arrest:

(1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee insist be recorded in a register.

(2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by atleast one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest.

(3) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.

(4) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.

(5) The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.

(6) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.

(7) The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/herbed, must be recorded at that time. The "Inspection Memo" must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.

(8) The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory. Director, Health Services should prepare such a penal for all Tehsils and Districts as well.

(9) Copies of all the documents including the memo of arrest, referred to above, should be sent to the illaqa Magistrate for his record.

(10) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.

(11) A police control room should be provided at all district and State Headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should bc displayed on conspicuous notice board.