The Allahabad High Court condemned “irrational and indiscriminate arrests” as severe human rights violations, stressing that arrests should be reserved for “exceptional cases” only. Justice Siddhartha highlighted that arrests should be a last resort, especially when required for custodial interrogation.
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UTTAR PRADESH: The Allahabad High Court has strongly condemned “irrational and indiscriminate arrests” as gross violations of human rights, emphasizing that arrests should be reserved for “exceptional cases” only. This observation was made by Justice Siddhartha during an anticipatory bail hearing involving a man accused of cow slaughter.
Justice Siddhartha underscored the principle that arrests should be a measure of last resort, only to be executed when absolutely necessary, particularly for custodial interrogation.
“After considering the opposing arguments, the court finds that a case is either registered or will soon be registered against the applicant. It is uncertain when the police might arrest him.”
-noted Justice Siddhartha.
Granting anticipatory bail to Mohammad Tabish Raza, the judge highlighted the undue discretion given to police in arrest matters, stressing the need for a more restrained approach.
“Once an FIR is lodged, the police can arrest the accused at their discretion. There is no set timeframe for when the police must make the arrest.”
– stated the court in its order dated June 12.
The court’s order comes at a time when concerns over arbitrary arrests and the misuse of power by law enforcement agencies are increasingly being voiced. By granting anticipatory bail, the court reinforced the notion that judicial oversight is crucial to preventing the abuse of arrest powers and ensuring the protection of individual liberties.
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The courts have reiterated the principle that arrest should only be a last resort for the police, underscoring that it should be confined to exceptional circumstances where arresting the accused is indispensable or where custodial interrogation is necessary.
The judicial pronouncement emphasized-
“The courts have consistently ruled that arrest should be a last resort for the police, reserved for exceptional cases where it is essential or where custodial interrogation is necessary. Irrational and indiscriminate arrests constitute serious human rights violations.”
The case in question involves an individual named Raza, against whom a case was registered at the Lanka Police Station in Varanasi district. The charges include violations under various sections, notably the Cow Slaughter Act, Section 11 of the Prevention of Cruelty to Animals Act, and Section 429 of the Indian Penal Code.
During the court proceedings, Raza’s counsel fervently argued for anticipatory bail, asserting that this was Raza’s first implication and that the charges were baseless.
The lawyer articulated-
“He has been falsely implicated in this case and has a genuine concern that he may be arrested by the police at any moment.”
Despite the defense’s arguments, the government counsel opposed the plea for anticipatory bail, stressing the gravity of the allegations against Raza.
The prosecution maintained-
“The seriousness of the allegations justified the opposition to the anticipatory bail application.”
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