simply putting on in custody cannot be invoked by cops unless properly explained under sufficient cause - if from the accused the police too bail amount on illegal grounds cop shd be directed to pay exemplary
damages to the accused and very high fines to the court - see how cops change overnight.
people like Rajasekharan need fight for the fundamental rights of accused ; file damages if accused is arrested u/s 41 - as there in no rule the accused need by in custody all 90 days - only upto 90 days - Maximum limit - in the case of years untried accused - home ministries and the state ought and need pay exemplary liquidated damages - i recommend all high courts issue suo motu notices in such cases of accused is kept in jail custody for so long - first every court need ask the police how many days u kept accused in custody - if more than a few days u/s 41 - you need first explain to the court your 'reasons' if explanation is acceptable to the court , the court will hear prosecution , if not the court would forthwith acquit the accused with making him or her eligible for liquidated exemplary damages - right from reputation on..... then see law and order can be streamlined.
See /karnam is convicted under contempt of court Act 1971; why he is not arrested - is it because cops too are dalits? sorry court orders need to be followed in letter and spirit else how public will honor court orders?
In Lalith kumari it is clear the COP cannot arrest on the basis of FIR, f he arrests he shall have to file before the magistrate within 15 days (called promptly) why he arrested ; but not done ; just because magistrates do not question police that s the bane in india - so i would say arrested without sound reasons can move liquidated damages on magistrate too - he is some judicial officer functions under state control though he is supervised by administrative jurisdiction of the jurisdictional high court - i wonder why High courts don't do this kind of supervision - if done u cannot affect any one's reputation in jeopardy.
section 41 of cr p c doesn't give immunity to the cop from being accountable under exemplary liquidated damages or damages under law of torts - police arrest poor man and squeezes him to satisfy cop's demands .. so i say even India can also follow UK paradigm, problem her is advocacy supports these cops and help advocates make easy money - money is some kind of prostitute that lures all .
A good piece of article providing valid information on the powers of Police re:unnecessary attest/detention. This needs to be taken seriously by the Courts to avoid harrassment if 'innocent' citizens by the Police in d garb of law enforcement.
Rime to do some serious actions by like minded citizens in d interesy of fair trial & justice.
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