Tuesday, January 4, 2022

Delhi High Court sentences police officer to jail for a day for arresting man without notice

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The Delhi High Court recently on 07-12-21 sentenced a police officer to a day of imprisonment after holding him guilty of contempt of court for arresting a man without serving him a notice (Rakesh Kumar v. Vijayanta Arya (DCP) and Ors).
Violation of the Supreme Court’s judgment in the Arnesh Kumar case. 
The Supreme Court has said in Arnesh Kumar that notice under s. 41A Cr.P.C. is requisite.

Justice Waziri further observed that the subsequent release of the petitioner was of no solace and offers no reparation to the loss of his reputation and “precious personal liberty”.

“A stigma gets attached to the person who has been taken away, detained and/or put behind bars by the police. Respondent-3 (police official) is deemed to have due knowledge of the rights of a citizen and the procedure prescribed in law,” the Court said.

“In view of the above and keeping in mind that Respondent-3 is a serving police officer with Delhi Police, that he has served for seven years and may have a long career ahead of him, R-3 is sentenced to undergo simple imprisonment for one day, along with a fine of Rs.2,000/-, as well as nominal costs of Rs.15,000/- for these proceedings, to be paid by him to the petitioner within four weeks."

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