The Karnataka High Court has ruled that arresting an individual before the expiry of a statutory notice for appearance is illegal and has directed police officers to pay ₹3 lakh in compensation to the aggrieved party. The court emphasized that such actions constitute a violation of established legal procedures and undermine the liberty of citizens.
Court Directs Police to Pay Compensation for Premature Arrest
In a significant ruling, Justice M. Nagaprasanna of the Karnataka High Court declared an arrest illegal that occurred merely two days before the scheduled appearance date of the individual. The man, K.N. Mohan Reddy, was arrested on August 25, despite receiving a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), requiring his appearance on August 27. The court observed that the police had prematurely taken Reddy into custody, characterizing it as a ‘classic illustration’ of an illegal arrest and a disregard for due process.
The compensation amount is to be paid by the investigating officer, the assistant commissioner of police, and the deputy commissioner of police, who were found responsible for directing the illegal arrest. The court explicitly stated that this sum should not be borne by the state exchequer, emphasizing that it is a consequence of exercising coercive state power against legal safeguards and not merely an error in judgment. This directive aims to hold individual officers accountable for their actions that infringe upon citizens’ rights.
Undermining Legal Procedure and Citizen Liberty
The case involved Reddy, who was an attesting witness to a disputed will. The court noted that the dispute underlying the case appeared to be civil in nature and that Reddy’s role was limited to being a signatory, not a beneficiary. Despite this, he was arrested in connection with a forgery case. Justice Nagaprasanna pointed out that the arrest was made without proper justification, especially when a notice for appearance had already been issued, and the arrest occurred before the stipulated date. The court also indicated that such actions are part of a pattern where citizens are sometimes arrested ‘without rhyme or reason,’ leading to a sense of ‘police raj.’
The ruling reinforces the principles enshrined in the BNSS, which replaced the Code of Criminal Procedure in 2023. Section 35(3) of the BNSS allows for a notice to be issued requiring a person’s attendance, with arrest permissible only if the individual fails to cooperate with the investigation. The court’s decision underscores that this procedure must be strictly followed, and premature arrests violate the statutory scheme and amount to an abuse of power. The court cautioned that if such practices continue, it would be compelled to intervene more forcefully to protect individual liberties.
The High Court also noted that the police action questioned the supervisory responsibility within the police hierarchy, suggesting that the entire station could be held responsible for such procedural lapses. In this particular instance, the court stayed further investigation against the petitioner, K.N. Mohan Reddy, highlighting the gravity of the illegal arrest and its implications.
The Chenab Times News Desk