Arrest Should be the Last Option for the Police: Allahabad High Court

The Allahabad High Court Bench of Hon’ble Justice Siddharth remarked in a recent ruling that indiscriminate and irrational arrests are a gross violation of human rights. According to the Bench, post the filing of FIR, the police is at their own will to make the arrest of the accused against whom the FIR has been lodged and there is no time limit fixed for the arrest.

The Bench while hearing the plea of Sachin Saini in the case of Sachin Saini vs. State of U.P for an anticipatory bail observed that arrests should be restricted to special and exceptional cases where arresting the accused is imperative for his custodial interrogation and arrest should be the last option of the police.

The Court cited precedents of Joginder Kumar vs. State of U.P and pointed that arrests by the police in India is one of the chief sources of corruption in the police and that nearly 60% of the arrests made in India were unnecessary or unjustified. The Court finally remarked that personal liberty is a very precious fundamental right, and it can be curtailed only when it becomes absolutely imperative to do so.

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