The arrest of BJP leader Tejnerpal Singh Baga by Punjab Police on Friday (May 6) led to a crisis after the Delhi Police registered a case of to kidnap against Punjab Police team who arrested Baja.
The team while transporting Baga to Punjab, Haryana Police detained him on the way and questioned him on the basics of A note issued by the Delhi Police from A city Tennis Court. By evening, Delhi police escorted Baga back to me national capital.
What is the procedure for Doing interstate arrests?
The police are a subject of the state, and therefore the judiciary of State police are limited to the state.
widely, intent of The law was that a criminal in A certain country must be arrested by the police of that state. But, in Certain circumstances of the law allow the police of one state for arrest Accused in another country. This may be done by execution of An order issued by a competent court, or even without an order- in This case concerned The state police must inform the local police about arrest.
State police forces across the country make regular arrests in other countries. In the normal course, this is done with Help of local police. However, in many cases, the local police are only informed before or after arrest.
And what does the law say? on Interstate arrests?
powers of the police arrest Accused in Another country that is not clearly defined in relation to detention without a warrant concerned. Section 48 of code of Criminal Procedure (CRPC) gives police such powers, but the procedure is not specified.
Section 48 is just saysA police officer may, for the purpose of Arrest without a warrant of any authorized person arrestFollow such a person in any place in India.”
It has been discussed whether the word ‘continue’ in This section means entering another country in a chaseor applies to the accused who Remains in Another country does not cooperate with investigators.
Section 79 of CRPC Deals with Interstate arrests on the basics of Orders issued by the competent courts. puts this section down Detailed procedures for Such arrests. However, this does not apply to the case of Baja, as Punjab Police made The arrest Without a warrant – which is what it enjoys.
In the current case, Punjab Police have confirmed that Bagha has received five summonses join Investigations with With regard to the case in which he was accused of industry death Delhi Threats Chief Minister Arvind Kejriwal, but he failed to appear for Questioning.
However, the police are obligated to bring the arrested person before an investigative judge within 24 years hours.
Article 22 (2) of the Constitution of India says: “everyone who He was arrested and detained in Custody must be brought before the nearest judge within a period of time of twenty four hours of Like arrest Except for the necessary time for flight from place of arrest to court of Judge, such a person shall not be detained in Custody after the mentioned period without authority of a judge.”
This is also Put down in Sections 56 and 57 of and CRPC.
How did the courts read the law? on Interstate arrests?
in 2019, in “Sandeep Kumar v. State (NCT Government of Delhi)” case, Delhi High Court has given certain guidelines for Interstate arrests.
It states that a police officer must obtain permission from his superior, in writing or on Phone to visit another country arrest a criminal. he has to record Reasons for like that move in writingAnd first Make an effort to get arrest A note from a court except in “Emergency”.
he has to also Make ‘Entry leave comprehensive in daily diary of his police station” before moving to another state.
“Before visiting the other country, a police officer should seek to establish contact with local police station in It is his responsibility to conduct the investigation. must carry with It has translated versions of Complaint / flight information and other documents in The language of The country he intends to visit.
After arriving in the other state, he should Flags concerned security Department of the purpose of Visit him to ask for help and cooperation. “The concerned SHO should Provide/provide all legal assistance to him. Login to this effect must be made at the said police station.
During the return, the police officer must visit the local police station and “cause Enter made in Daily diary with name and address of The person(s) being taken out of the state”.
Guidelines also Expect the police to make an effort to obtain provisional remand after the arrested person is brought before the nearest judge unless there is a requirement of The situation calls for otherwise, and if the person can be brought before the competent judge of Case without infringement of authorization of Sections 56 and 57 of and CrPC within 24 hours.
employment arrival In his own police station, the police officer must conduct arrival Entry in The record Indicate conducting an investigation out from his side he has to also keep a record of The vehicle Used to transport defendants from the other country.
Exception guidelines for Urgent Cases in which police of The state may not inform its counterparts in The other country of imminent arrest.
“…In case of urgency or other considerations in interest of Investigation, not so found It is possible to inform the police station that includes jurisdiction of search, reservation, arrest or inquiry before eventThis is amazing should done soon After … in all cases enter notes should be mandatory made in Police Department of “Jurisdiction,” the guidelines said.
Are these guidelines followed by the police?
Police sources say so in Instructions are followed in most cases. in soul if not in letter. “The police from another state always at least report to the local police of their impending operation unless they feel the operation itself may be in jeopardy if local police are reported. Until then, the police will be informed at a later time. In general, issues do not arise. Only problems arise in Controversial and political issues”, a senior A police officer said.
In many cases, the accused are chosen up in based country on informal understanding with the police of That state, and then it turns out that he was arrested in The country that the police arrested team belongs. “When there is a real criminal or, say, a terrorist involved, the state police do not insist on Technologies of Another police officer said.
Sandeep Kumar case, in Which issued guidelines, is a classic example of the violation of Jurisdiction and Existing Procedures on Informal understanding between the police of UP, Delhi – although the matter under consideration does not justify such action at all.
Kumar, JNU employeeand his wife, Nisha, were arrested by UP police from the university campus in 2018. Kumar, a Hindu, married a Muslim Nisha, against desires of Ha familywhich registered a case of to kidnap with UP Police. Sandeep was arrested and handed over to the police over Nisha for her parents.
After Kumar filed a lawsuit, in Delhi Court regarding his wife, the court has set up a committee chaired by retired judge SB Garg and former IPS Adjuster Canaljet Diol, who have served in Delhi Police.
The commission held that the UP police had failed to follow no action of between countries arresttaken unofficially help of Delhi Police, showed arrest It was made on the chromatic boundary.
What other notable inter-state arrests have taken place Recently?
the case of Environmental activist Disha Ravi has been discussed a lot in This context. Ravi has been arrested by the Delhi Police in Bengaluru in Trading issue of A ‘tool bag’ during a farmers protest in Delhi in 2021. Only Bengaluru police were notified after Ravi’s arrest. There were protests in Bengaluru against Delhi Police work.
Same year UP police arrested 60-year old man in Chennai, Manmohan Mishra, for Making remarks allegedly objectionable against Prime Minister Narendra Modi on social media.
Last month, Gujarat MLA Jenish Mevani was arrested by the Assam Police in Gujarat in Connection with a social media post made from his side
The Gujarat Police said she had never had it before information of miffany arrest. selected up From Palanpur Circuit House in Banaskantha district, then officially arrested at the police station. Banaskantha SP Akshayraj Makwana told The Indian Express, “I have informed Assam Police us on On the same night that Mivani was arrested under the clips of IT Law on FIR stabilized in Assam against for him. As per the procedure, it was brought to concerned security Department in Palanpur. “
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Previously in 2013, Delhi Police arrested former Hizbul Mujahideen fighter Liaqat Shah from the Indo-Nepal border in above with cache of Weapons, he claimed he was going to carry out terrorist attack in Delhi. Subsequent investigations by the National Investigation Agency (NIA) found The allegations are fabricated. NIA also raised the issue Why didn’t Shah produce? in Court in UP, where he was arrested.
What could the repercussions be of differences like The one resulting from arrest of Baja?
Police sources said on Friday that turn of events in Baga’s case was unfortunate and could have repercussions for future Police operations. While the advantages of the case against Police officers say Baga may be debatable, the work of the Delhi Police of Register a case of to kidnap against other state police for The procedure cannot be followed set It may be a precedent that many countries can begin to follow.
“Except for the National Intelligence Agency, no agency or police has pan-Indian jurisdiction. What happens if a central agency like the CBI or the Directorate of Enforcement makes a dossier arrest without a warrant in Urgent order, booked for Kidnapping by state police? While it will eventually be settled in Court, likely ensure That the devices and the police hesitate to conduct operations in Other countries, “a senior A police officer said.
With input from ENS, Ahmedabad
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