New Delhi – Arbitrary and reckless arrests show a colonial mindset. It gives a feeling of ‘living in a Police State’. These were the words of the Supreme Court when opining about a large number of undertrials in the prisons. The Supreme Court gave a suggestion to the Government for making a Law against these unnecessary arrests.
Indiscriminate arrests create impression of police state: #SupremeCourt
— The Times Of India (@timesofindia) July 12, 2022
Decision within 2 weeks about the bail of the accused
While suggesting enacting a law, the court said that the Regular Bail application of the accused should be decided within 2 weeks and the 6 weeks for the Interim Bail application. A directive was given to the Central and State Governments that Section 41 and 41A of the Indian Penal Code must be considered while arresting anyone.
Police have to write the reason for arresting the accused
The Court said that the Indian Prisons are full of Undertrial Prisoners. As per the figures with us, there are a large number of them. these include the poor, uneducated, and women. The duty of the Police officer is to write the reason for arresting the accused, but the investigating team does not follow the court’s directive. Make a list of the prisoners who cannot fulfil the terms of the bail order. And take the necessary steps for following through with the stopped bail process, is the directive given by the Supreme court to the High Courts. Court gave this directive during the hearing about the arrest of an individual by the investigating agencies.