In a strongly worded order passed by the JMFC Court No.6 (Remand court), Nagpur, the Learned Judge J.R. Ghadge has come down severely on the high handedness of Sitabuldi Police Station and has issued orders to the Investigating officer PSI K.R Gavai & Senior PI Bandiwar to appear before the court and give written explanation as to what led them to breach the Law laid down in the landmark judgment of the Supreme court in the Case of Arnesh Kumar.
The matter also arose out of total high handedness of the Burdi Police station, when the Police staff on duty tore the shirt of one Harishwar Mendhre at Jhansi Rani Square for not wearing the helmet. Following such humiliation and insults meted out on the said Harishwar, a heated exchange of words took place between the sleuths of P S Ambazari and the accused. A large mob gathered at the spot and thereafter the said person was taken to the Police Station and booked under Sections 353, 332 & 294 of The Indian Penal code. The Police under the said PSI Gawai proceeded to immediately arrest the accused in utter violation of the Supreme Court decision in Arnesh Kumar, whereby the Apex court has laid down that the Police officers shall not arrest persons without recording specified reasons under the Code of Criminal Procedure, when such offences are punishable with a term of 7 years or less.
The said observations of the Apex court were also made tersely observing as under;
“Arrest brings humiliation, curtails freedom and cast scars forever. Law makers know it so also the police. There is a battle between the law makers and the police and it seems that police has not learnt its lesson; the lesson implicit and embodied in the Cr.PC. It has not come out of its colonial image despite six decades of independence, it is largely considered as a tool of harassment, oppression and surely not considered a friend of public. The need for caution in exercising the drastic power of arrest has been emphasized time and again by Courts but has not yielded desired result. Power to arrest greatly contributes to its arrogance so also the failure of the Magistracy to check it. Not only this, the power of arrest is one of the lucrative sources of police corruption. The attitude to arrest first and then proceed with the rest is despicable. It has become a handy tool to the police officers who lack sensitivity or act with oblique motive.”
In the present case, the officials of PS Sitabuldi also grossly misused the power to arrest in a brazen manner and only to humiliate and harass the said Harishwar, who had questioned the action of Police in tearing his clothes following a traffic violation. Harishwar who is a qualified Engineer and a Builder by profession experienced a nightmare on Diwali being under arrest spending the entire day and night on 28th and the full day of 29th October, till he was so released by the Ld. Court.
When the accused was today produced before the Vacation Remand judge today, Aakash Gupta Advocate representing the accused, filed an application on record along with the Apex Court ruling demonstrating the illegalities and breach committed by the Police that invited the attention of the court towards the naked breach and illegality of Police leading to the scathing order with directions to both Police officers to remain present and tender explanation.
The State was represented by PP Hukrey and Advocates Aakash Gupta & Amol Darekar represented the accused.
–Rajeev Ranjan Kushwaha (email@example.com)