Bhopal News: Ensure Justified Reason Before Arrest, PHQ Tells Units | Representative Image
Bhopal (Madhya Pradesh): The State Police Headquarters (PHQ) has issued directions to all units to ensure no person is arrested without justified reason.
If grounds for arrest are not clearly stated, such arrest will be treated as illegal and person concerned will be released.
CID wing of State Police Headquarters has circulated directives to all police units across state, asking them to ensure strict compliance, officials said.
The letter has been sent to all districts and branches, including Police Commissioners of Bhopal and Indore, ATS, Narcotics and Cyber units.
It clarifies that while arresting any person, it is mandatory to provide solid and legal grounds for arrest in writing, in language understood by person concerned.
If, in certain circumstances, immediate written communication is not possible, reasons must first be conveyed verbally and followed by written information shortly thereafter. Process must be completed before person is produced before magistrate.
Police Headquarters has also made it clear that if guidelines are ignored, arrest and subsequent detention will be considered illegal.
In such cases, person concerned will have right to seek release and entire process may be challenged in court. This may not only affect case but also fix accountability of officer involved.
The directive has been issued in compliance with Supreme Court judgment in Mihir Rajesh Shah v. State of Maharashtra. The court held that disclosing grounds for arrest is a constitutional obligation and applies to all penal laws.
