Srinagar- The High Court of J&K and Ladakh has issued slew of guidelines for the guidance of the Magistrates and the Criminal Courts subordinate to it as well as police officers on arrest, detention and bail of accused in Jammu & Kashmir and Ladakh.
Acting in compliance to the directions of the Supreme Court of India in its order dated 31 July this year in the case titled Mohammad Asfak Alam vs State of Jharkhand (Cr. Appeal No 2207 of 2023), the High Court ordered both the Governments of Union Territory of Jammu & Kashmir and Union Territory of Ladakh to instruct its police officers not to automatically arrest accused when a case under Section 498-A Indian Penal Code 1860(domestic violence), is registered but to satisfy themselves about the necessity for arrest under parameters laid down and flowing from Section 41 CrPC.
All the police officers, the court said, be provided with the check list containing specified sub-clauses under Section 41(1)(b)(ii).
“The police officers shall forward the check list dully filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention.”
The Magistrate, the court said, while authorizing detention of the accused shall peruse the report furnished by the police officer and only after recording its satisfaction, the Magistrate will authorize detention.
The decision not to arrest an accused be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing.
The court directed that notice of appearance in terms of Section 41-A CrPC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing.
“Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt to be instituted before High Court.”
Authorizing detention without recording reasons by the Judicial Magistrate concerned shall be liable for departmental action by the High Court, the notification reads.
“The directions shall not only apply to case under Section 498- A IPC or Section-4 of the Dowry Prohibition Act, but also to such other cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine.”
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