Civil Liberties
Personal Liberty- Merely Because An Arrest Can Be Made Lawfully, It Does Not Mandate That Arrest Must Be Made : Supreme Court https://www.livelaw.in/top-stories/supreme-court-personal-liberty-arrest-need-not-be-made-because-lawful-179873
the trial court, in this case has taken a view that unless the person is taken into custody the chargesheet will not be taken on record in view of Section 170 of the Code of Criminal Procedure. On this aspect, it held that Section 170 of the Cr.P.C. does not impose an obligation on the Officer-in-charge to arrest each and every accused at the time of filing of the charge sheet.
Personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made.',
Observations in Joginder Kumar case:
"No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person's complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a police officer issues notice to person to attend the Station House and not to leave the Station without permission would do".
guildelines:
1.An arrested person being held in custody is entitled, if he so requests to have one friend, relative or other person who is known to him or likely to take an interest in his welfare told as far as is practicable that he has been arrested and where he is being detained.
2.The police officer shall inform the arrested person when he is brought to the police station of this right.
3. An entry shall be required to be made in the diary as to who was informed of the arrest. These protections from power must be held to flow from Articles 21 and 22(1) and enforced strictly. It shall be the duty of the Magistrate, before whom the arrested person is produced, to satisfy himself that these requirements have been complied with.
The above requirements shall be followed in all cases of arrest till legal provisions are made in this behalf. These requirements shall be in addition to the rights of the arrested persons found in the various police manuals. These requirements are not exhaustive. The Directors General of Police of all the States in India shall issue necessary instructions requiring due observance of these requirements. In addition, departmental instruction shall also be issued that a police officer making an arrest should also record in the case diary, the reasons for making the arrest.
Ashutosh Kaushik (Roadies and Big Boss fame): Law on right to be forgotten and the Delhi High Court https://www.youtube.com/watch?v=LHa2iHcua3s Jul 22, 2021
No Definitive Judgement on Secure Seizure of Electronic Evidence
Indira Jaising argues that the provisions of the CrPC did not visualise the search and seizure of Electronic Evidence. The provisions of the CrPC did not visualise the search and seizure of electronic evidence as it is a subsequent technological innovation. There is no definitive judgement on what is considered legal electronic evidence. Two main issues are if the evidence collected is legal and if someone has tampered with computer/device.
Comment: The presence of a "string" of data in a computer cannot be criminally attributed to the user of the device.
Pegasus Storm Points To Dangerous Levels of Political Intimidation: Sashi Kumar https://youtu.be/k5w-G1tGz1c?t=157
Senior journalist Sashi Kumar, the founder of Asianet and the current Chairman of the Asian School of Journalism, has also approached the Supreme Court challenging the constitutional validity of this law. Speaking with Mitali Mukherjee, he said it was time for the law to be removed in its entirety as its vague and overboard nature has had a chilling effect on the right to free speech, and has been severely abused in the last few years.
In recent weeks , three benches of the Supreme Court have agreed to hear petitions seeking a declaration that Section 124A of the Indian Penal Code is unconstitutional. Between 2014 and 2019, a total of 326 cases were registered in the country under this controversial colonial-era penal law on sedition. However, just SIX persons were convicted.
The Supreme Court has observed that the offence of sedition — has been enormously misused and even asked the Centre why it was not repealing the provision used by the British to “silence” people like Mahatma Gandhi to suppress the freedom movement.
Vagueness of Law convenient and used cynically by the State.
Art 19 is about freedom of speech, and 19 (ii) "reasonable restraint" is a qualification/rider based on which we have a whole host of laws..So it looks like the ride is more important that the right.. So you have the UAPA, Sedition Act, Prevention of Damage to Public Property Act, The prevention of Insult to National Honour Act, the Epidemic Act.. the Disaster Management Act, e have all been invoked . Apart from this you have the NIA, the CBI, you have various agencies playing their role. There is a bearing down upon the citizen a multiplicity of Draconian Laws, and agencies of the State , not only to muzzle the press but the average citizen.
The bold journalism is being practiced now not from the mainstream freedom, are filling in the role of speaking truth to Power. A new genre of journalism is developing..
SC takes up compensation plea of Manipur activist https://www.telegraphindia.com/india/supreme-court-takes-up-compensation-plea-of-manipur-activist/cid/1823247 R. Balaji 21.07.21
Leichobam Erendro’s father, Raghumani Singh, filed the petition citing 'illegal detention'
When the matter came up for further consideration before the bench of Justices D.Y. Chandrachud and M.R. Shah on Tuesday, Erendro’s lawyer, Shadan Farasat, pleaded that the prayer for compensation for “illegal arrest and detention” in the petition should also be considered...Solicitor-general Tushar Mehta, appearing for the Manipur government, argued that the matter should be put to rest as Erendro had been released. “ ..However, Justice Chandrachud, heading the bench, said while referring to Erendro’s detention: “It’s a serious matter. Someone has lost their liberty since May.”
Erendro’s counsel submitted that FIRs had been registered against the activist, besides his detention under the NSA, but no chargesheet had been filed yet. Farasat argued that orders of detention were passed in a cavalier manner, so responsibility had to be fixed on officials.....The petition had pointed out that despite Erendro being granted bail for alleged offences under IPC Sections 153A (promoting enmity between different groups), 505(b)(2) (public mischief), 295A (outraging religious sentiments), 503 and 504 (breach of peace) by a trial court on May 17, he was rearrested on the orders of a district magistrate under the NSA.
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