Arrest should be the last option

The Allahabad High Court has observed that the arrest of a person against whom an FIR has been lodged “should be the last option” and restricted to cases where such an action is “imperative” or custodial interrogation is required.

It was observed that “Irrational and indiscriminate arrests are a gross violation of human rights,” The case pertained to grant of concession of anticipatory bail to one Sachin Saini of Bulandshahr against whom an FIR was registered for giving threats and voluntary causing hurt along with other sections of the IPC.

The High Court while relying upon the judgment of Apex Cout in case of Joginder Kumar in which the apex court has referred to the third report of the National Police Commission, which mentioned that making arrests in India is “one of the chief sources” of corruption in the police, held that
“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 a gross violation of human rights,”

Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative, it said.

“According to the peculiar facts and circumstances of a case, the arrest of an accused should be made,” the court added.

Hence, “without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of the applicant”, the court directed that the applicant be granted concession of an anticipatory bail. The court also directed that the applicant shall not leave the country during the trial without prior permission from the trial court.