‘Even criminals deserve protection’: Supreme Court warns Police against exceeding limits on while making arrests
M.U.H
03/04/202523
Underlining that even a criminal has to be treated in accordance with the law, the Supreme Court has said that the police “cannot exceed its limits” and asked them to adhere to all prescribed norms while making arrests.
“Even if a person may be a criminal, the law requires that he be treated in accordance therewith. Even a criminal, under the law of our land, enjoys certain safeguards in order to ensure protection of his person and dignity…” a bench of Justices A Amanullah and P K Mishra said in its March 26 order.
Hearing an appeal by a man alleging high-handedness by Haryana Police while investigating a dispute between him and his neighbour, the bench said in its order that “it is possible to state that a common man can be expected to exceed his limits (whereafter appropriate action in law shall ensue), but not the police.”
The apex court concluded that “there appears to be evident high-handedness on the part of the police in this case” but decided to close the proceedings “since already much water has flown and there is a proper police case…which the concerned court” is seized of.
The bench said that “police is a very vital part of the State apparatus and has a direct bearing on the safety and security of the society at large and individuals in particular. The need, therefore, for maintaining the confidence of individuals and society-at-large in the police is paramount.”
The top court directed its Registry to send a copy of its order and the 2023 judgment in Somnath vs State of Maharashtra to the DGPs of all the States and UTs, including the Delhi Commissioner of Police, “as a reminder to strictly adhere to all safeguards available to persons under custody.”
The 2023 ruling directed “police forces in all States and Union Territories as also all agencies endowed with the power of arrest and custody to scrupulously adhere to all Constitutional and statutory safeguards and the additional guidelines laid down by this Court when a person is arrested by them and/or remanded to their custody”.
Petitioner Vijay Pal Yadav alleged that he was arrested in violation of the guidelines laid down by the top court in the 2014 case Arnesh Kumar vs. State of Bihar & Another. He also alleged that he was subjected to physical abuse, both at the spot as well as later in the police station.
The top court had ordered Haryana DGP to appear before it in the matter.
