Indiscriminate arrests gross violation of human rights: Allahabad High Court [21.6.2024]

The Allahabad High Court has held that "irrational and indiscriminate arrests" are gross violation of human rights and arrest should be the last option restricted to "exceptional cases".

Justice Siddhartha, during an anticipatory bail hearing against a man accused in a cow slaughter case, observed that arrests should only be carried out when custodial interrogation of the accused is required.

Granting anticipatory bail to Mohammad Tabish Raza, the judge said, "After considering rival submissions, this court finds that there is a case registered or about to be registered against the applicant. It cannot be definitely said when the police may apprehend him.

"After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged," the court said in its order dated June 12.

"The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violations of human rights," it said.

A case was registered against Raza at Lanka Police Station, Varanasi district under sections of the Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act and Section 429 the Indian Penal Code.

During court proceedings, the counsel for the Raza submitted that this was his first implication and that he has been falsely implicated in this case. He has definite apprehension that he may be arrested by the police any time, the lawyer said.

However, the government counsel opposed the prayer for anticipatory bail of the applicant on the ground that the allegations were serious.

21 Jun 2024