Rajesh Kumar Pandey
Observing that irrational and indiscriminate arrests are gross violation of human rights, the Allahabad High Court granted anticipatory bail to a person against whom a criminal case was registered under Cow Slaughter Act at police station – Lanka, Varanasi district.
Granting anticipatory bail to one Mohd Tabis Raja, Justice Siddharth observed, “After considering the rival submissions this court finds that there is a case registered against the applicant. It cannot be definitely said when the police may apprehend him. After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights”.
A criminal case was registered against Mohd Tabis Raja at police station – Lanka, Varanasi district under the cow slaughter Act and cruelty to animals Act.
During the course proceedings, the counsel for the applicant submitted that this is first implication of the applicant. He has been falsely implicated in this case. He has definite apprehension that he may be arrested by the police any time.
However, the state counsel opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.
While granting bail to the applicant, the court in its decision dated June 12 relied upon the case of Joginder Kumar v. State of Uttar Pradesh AIR 1994 SC 1349, where the apex court had referred to the third report of national police commission (NPC), wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police. The report suggested that, by and large, nearly 60 percent of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of expenditure of the jails. Personal liberty is a very precious fundamental rights and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the peculiar case, the arrest of an accused should be made.
