जम्मू आणि काश्मीर आणि लडाख उच्च न्यायालयाने IPC 498-A चे गुन्ह्यात अटक आणि जामीन साठी महत्त्वाची मार्गदर्शक तत्त्वे जारी केली.
Key points of Comprehensive Detention and Bail Guidelines in Jammu & Kashmir and Ladakh.
Supreme Court Ruling Prompts Comprehensive Detention and Bail Guidelines in Jammu & Kashmir and Ladakh.
In response to a major decision by India’s Supreme Court, the High Court of Jammu & Kashmir and Ladakh has issued new rules for arrests, detentions, and bails of accused people. The SC’s judgement in the case of Md. Asfak Alam vs. State of Jharkhand has prompted these guidelines, which aim to protect the rights of the accused and ensure that arrests are made only when necessary.
Key Changes Resulting from the Supreme Court Directive:
Necessity for Arrest: Police officers are now told not to arrest accused individuals automatically when a case under Section 498-A of the Indian Penal Code is registered. They must determine if an arrest is necessary based on specific criteria.
Checklist for Police Officers: All police officers are given a checklist with specific criteria to follow when deciding on arrests.
Documentation of Arrest Reasons: When an arrest is made, police officers must complete the checklist and provide clear reasons and evidence that justify the arrest. These documents must be shown to the Magistrate for further detention.
Magistrate’s Scrutiny: The Magistrate in charge of authorizing detention must carefully review the report from the arresting officer before granting further detention.
Timely Reporting: Decisions not to arrest someone must be communicated to the Magistrate within two weeks of the case’s initiation. The Superintendent of Police may extend this timeline for valid reasons.
Notice of Appearance: Accused individuals must be served with a notice to appear in court within two weeks of the case’s initiation. The Superintendent of Police can extend this timeline with valid reasons.
Consequences for Non-compliance: The High Court warns that police officers who don’t follow these rules may face departmental action and contempt of court proceedings.
Uniform Applicability: These rules apply not only to Section 498-A cases but also to other cases where the offense carries a prison term of less than seven years or up to seven years, with or without a fine.