Comments on Arrest of an Accused: Not a must in every Cognisable Case

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dr g balakrishnan

dr g balakrishnan

Wrote on 30 May 2017  

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.



dr g balakrishnan

dr g balakrishnan

Wrote on 30 May 2017  

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.



dr g balakrishnan

dr g balakrishnan

Wrote on 30 May 2017  

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?



dr g balakrishnan

dr g balakrishnan

Wrote on 30 May 2017  

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.



dr g balakrishnan

dr g balakrishnan

Wrote on 30 May 2017  

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 .



Abdulrub

Abdulrub

Wrote on 26 May 2017  

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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