Police arrest my friend without reason

network engineer

Today early morning two police man(civil dress) come to my friends home on byke and told that they have summons and arrest my friend and taken to police station.

No document given by police. Yet not allowd to talk to him. I doubt that police procedure is not as per the law. As we know there is nothing wrong done by friend like fighting or anything he is RTI ACTIVIST. so i want to know

1) what shall we do

2) what will be the legal procedure by police to arrest someone some detail is require to submit to arrest person.

 

 
Reply   
 
Freedom

Go through link it will shed some light 

http://lawcommissionofindia.nic.in/reports/177rptp2.pdf

 

“These rights are inherent in Articles 21 and 22(1) of the Constitution and 
require to be recognized and scrupulously protected.  For effective 
enforcement of these fundamental rights, we issue the following 
requirements: 
1.  An arrested person being held in custody is entitled, if he so requests 
to have one friend relative or other person who is known to him or 
likely to take an interest in his welfare told as far as is practicable that 
he has been arrested and where he is being detained. 
2.  The Police Officer shall inform the arrested person when he is 
brought to the police station of this right. 
3.  An entry shall be required to be made in the Diary as to who was 
informed of the arrest.  These protections from power must be held to 
flow from Articles 21 and 22(1) and enforced strictly. 
It shall be the duty of the Magistrate, before whom the aarrested person 
is produced, to satisfy himself that these requirements have been complied 
with. 
12 The above requirements shall be followed in all cases of arrest till 
legal provisions are made in this behalf.  These requirements shall be in 
addition to the rights of the arrested persons found in the various Police 
Manuals. 
These requirements are not exhaustive.  The Directors General of 
Police of all the States in India shall issue necessary instructions requiring 
due observance of these requirements.   In addition, departmental instruction 
shall also be issued that a police officer making an arrest should also record 
in the case diary, the reasons for making the arrest.
 
Reply   
 


Prakash Legal Clinic Haridwar

Dear

Proved the illegal custody & get the indimenity from court.

Recently Delhi Court fine Rs.50,000/- on police for illegal custody of victim.

this amount payble to victim.

So keep in mind stanley advice. & file a complaint against police.

 
Reply   
 

hello everyone

Is this is not a matter of constitutional rights as per article 20 and 21??

I wish to know that in such case cant one directly appeal Supream Court.

plz advise in this matter

 
Reply   
 

Does a police have right to arrest any citizen without warent?

If no,what should be done in such matter?

Please reply,  Thanks

 
Reply   
 
Software Developer

i am not a lawyer. But i know police can do arrest or file FIR in case of coagnizable complain if it is non coagnizable then FIR is not file and normally police leave the arrested person from custody after 2-24 hour.

If FIR is filed then see on what charges [which IPC police have used against ur friend] they have arrested ur friend.
If u fill that charges are 100% false contact to Police commisioner and explai him all the sitution, it will more better if u hire lawyer for communicating with police commisiner.

If FIR is filled then u have to get bail from the court and long - running process start from here. In the next 3 month police will file charge sheet. Even during this period, good or smart  lawyer can nullified the chargesheet i.e ur friend can be free from cour trial.

appoint the fearless lawyer as most of the new lawyer will say that, now you can't do anything. But this is not the case.

And don't be afraid of the police they are gundaas nothing more then that.

 
Reply   
 

Just i approach the state human rights commision and file a complaint against this thing and put the respondent as the District Superindent of Police, so the commision will send a notice to the concern SP and the SP will take necessary action on the police who ileagally arrested.

 
Reply   
 
ADVOCATE

Police has the right to arrest for interrogation purpose. And police are mostly always right on their path while make an arrest of a purpose. The reason for the arrest is not disclosed, but you can anyhow ask the IO under what section the arrest has been made and apply for the bail in the metropolition court with cash bail or surety.

 
Reply   
 
Legal consultant

Non issuance of Memo of Arrest or non compliance of D.K.Basu judgment of Apex Court is a contempt of Supreme Court and its prosecution lies with the High Court of the Sate as envisaged in the said judgement. If no Memo of Arrest has been issued, please move to High Court for contempt of Supreme Court order. Ypu can alternatively file a writ  of Habeas Corpus also if he has not been produced before the local court within 24 hours of arrest.

 
Reply   
 
Legal consultant

Any citation or copy of the order please?

 
Reply   
 

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