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.