It was highlighted that the police or arresting authorities are not supposed to arrest a person who is accused of being committed an offence which is punishable by seven years or below (with or without fine) by a routine or mechanical process.
TFM Desk
A One Day Legal Awareness Programme Webinar using Jitsi Meet App was organised by the District Legal Services Authority, Imphal West on Thursday on the topic “Hon’ble Supreme Court’s recent judgement dated 7th May 2021 in Suo Motu Writ Petition (C) No. 1 of 2020 on Arrest and Detention of accused person in the light of the same court’s judgment in Arnesh Kumar -vs- State of Bihar”.
In his keynote address, Aribam Guneshwar Sharma, the present chairman of DLSA Imphal West, elaborating the Supreme Court’s recent judgement dated May 7, 2021 in Suo Motu Writ Petition (C) No. 1 of 2020, highlighted that the police or arresting authorities are not supposed to arrest a person who is accused of being committed an offence which is punishable by seven years or below (with or without fine) by a routine or mechanical process.
It was also highlighted that, if such an arrest is necessary, the arresting authority should satisfy the following questions when arresting an accused person and producing them before the concerned court, that :
- Why the accused person was arrested;
- Whether the arrest of the accused person is really required;
- What purpose will be served by the arrest of the accused person.
It was also highlighted that a magistrate, when passing the detention order, is to examine and is to be satisfied with the reasons as submitted by the IO under section. 41(1) (b)(ii) Cr.PC. It was further mentioned that the recent judgement of the Supreme Court of India was passed in view to prevent the spread of COVID-19 at jail establishments and to reduce unnecessary congestion at jails.
The program was attended by Aribam Guneshwar Sharma, District & Sessions Judge, Imphal West who is the present Chairman of DLSA Imphal West; Yengkhom Somorjit Singh, Chief Judicial Magistrate, Imphal West who is the present Secretary of DLSA Imphal West; Laishram Rina, Judicial Magistrate First Class, Imphal West – I; M. Heeralata, Judicial MagistrateFirst, Imphal West – II; other trainee judicial officers; K Megachandra Singh, SP Imphal West; Th. Shankar Deba, Addl. SP Imphal West (L&O) and all the SDPOs and IOs posted under the jurisdiction of Imphal West District using Jitsi Meet App.