JSA obtained a significant judgement from the Jharkhand High Court wherein the High Court held the Investigating Police Officer and Officer In-charge guilty of contempt of Court for violation of pre-arrest principles laid down in the Supreme Court judgement of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 (“Arnesh Kumar Judgement”).
The High Court passed the following directions:
- Simple imprisonment for one month with fine of Rs. 2,000/-;
- Disciplinary action to be concluded by the State of Jharkhand within a period of 6 months;
- Payment of cost of Rs. 50,000/- each to the victims subjected to illegal arrest; &
- Further, victims have been granted liberty to claim compensation for wrongful arrest.
The case arises out of wrongful arrest of a senior executive and one delivery partner (“victims”) of an online market-place by Jharkhand Police on the allegations they were conducting a scam by requiring ‘one-time passwords’ (OTPs) for deliveries. Despite the alleged offences being punishable by less than seven years’ imprisonment, the police did not comply with the requirements of Section 41(1)(b) and Section 41-A of the Code of Criminal Procedure, 1973. Hence, there was no recording of reasons for necessity of arrest, and no issuance of the required notice to the accused when the police does not have any reasons to arrest.
Though the accused themselves went to the police station, they were wrongfully arrested. Consequently, the victims/petitioners spent 18 days in illegal custody before their bail was secured. Being aggrieved by the violation of their fundamental rights, the accused victims moved the Hon’ble High Court’s contempt jurisdiction wherein, apart from non-compliance of the Arnesh Kumar Judgment guidelines, several other non-compliances were pointed out.
The Division Bench led by the Hon’ble Chief Justice of the Jharkhand High Court took serious note of the violations of due process of law and deplored the illegal conduct of the police officials. It termed as ‘ridiculous’ the police’s plea that arrest was made within the police station precincts because requiring an ‘OTP’ appeared to the police the conduct of ‘cyber criminals’.
The High Court noted the ‘brazen disregard’ of the police officials towards personal liberty. It accepted the submissions that pre-printed checklists for reasons of arrest cannot be considered compliance with the Arnesh Kumar Judgment, and the arresting officer must demonstrate application of mind.
The judgement assumes importance in light of a recent trend to colour civil disputes as criminal offences with the objective of arm-twisting. Moreover, the High Court’s directions will go a long way to prevent police excesses and serve as a deterrant.
Our team comprised of Lead Partner – Dheeraj Nair, Partner – Kumar Kislay, and Senior Associate – Vibhor Jain.
Dheeraj is a Partner with JSA since 2009. Dheeraj has over two decades of experience advising and representing clients on complex arbitrations, litigations and regulatory proceedings.