Irrational Arrest is Violation of Human Rights: Allahabad HC

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On 6th January, the Allahabad High court made a judgement that irrational arrest is a violation of Human Rights. After lodging of FIR, police can arrest the criminal at their own will. 

However, Justice Sidharth held that arrest should be the last option for Police. In exceptional cases where arresting the accused is the only option left or accused custodial interrogation is required is justifiable.

The Court was proceeding with an anticipatory bail plea of an applicant against section 452, 323,503, and 506 of IPC.
The applicant’s counsel stated that the FIR was lodged out of counterblast by applicant’s father on 24th August 2020 under section 147, 148, 323, 504, and 506 of I. P. C. It was also observed that the allegations against the applicant were absolutely false and incorrect and no injury or suffering was caused. 

The Court concluded this after proceeding with the submission that in the precedent case of Joginder Kumar v. State of Uttar Pradesh AIR 1994 SC 1949 stated that arrest by police in India is the chief corruption in Police Department. 

The Court further stated that nearly 60% of the arrests are unjustifiable, as observed by the report. Such action of the Police Department is unjustified and accounts for 43.2 percent of expenditure.  

Court held that Indiscriminate arrest is the Violation of Human rights and the Fundamental Right of personal liberty, and it should only be curtailed when it becomes imperious. 

In conclusion Court said applicant is being released for recovering his bond all over again on anticipatory bail. 

Purnima Ojha
‘Law is not law if it violates the principles of eternal Justice’ very beautifully penned down by Lydia Maria Child and I strongly believe, if the law is not made for the goods of people then at least it should not violate the essence of the principle of law that is “JUSTICE”. Law is made to keep each section of society on an equal platform and being a member of the law fraternity, I will try to contribute to the welfare of society. I am Purnima and I graduated from zoology (Hons) and am currently pursuing a law degree from Lloyd law college, Greater Noida. My desire is to bring a fair and unjust environment to our society through my hard work and persistent efforts.