No automatic arrest after registration of FIR: Sub-Judge Srinagar

Secretary District Legal Service Authority Srinagar and Sub-Judge Srinagar Court Noor Mohammad Saturday said that “no automatic arrests should be made after registration of FIR as unnecessary arrests warrant contempt of court proceedings.” Noor was speaking in a webinar wherein speakers threw light on landmark judgment passed by the Supreme Court in Arnesh Kumar case.

The virtual event was organized by DLSA Srinagar under the guidance of Executive Chairman J&K LSA Justice Ali Muhammad Magrey and Chairman DLSA Srinagar Choudhary Mohammad Akram.

Noor said that the directions passed in Arnesh Kumar case in 2014 by Supreme Court has to be adhered in letter and spirit and any violation to it warrant contempt proceedings.

While referring to the judgment, he said that “no arrest should be made only because the offence is non-bailable and cognizable.”

“Neither should arrest be made in a routine, casual and cavalier manner or on a mere allegation of commission of an offence made against a person. Arrest should only be made after reasonable satisfaction reached after due investigation as to the genuineness of the allegation,” he said.

He added that provisions of Criminal Procedure Code (CrPc) provides for conditions precedent to making arrest and the police must be satisfied that all the conditions set out in the provisions are met.

He said that arrest is necessary only when the police have reasonable apprehension that accused may temper with prosecution evidence or influence the witnesses.

He said, as per the directions of Supreme Court, Police must, in any case, record reasons for making, or not making the arrest in each case.

Advocate Naveed Gul, penal lawyer DLSA, said that taking note of the surge of the second wave of pandemic, the Supreme Court has passed a slew of directions to de-congest prisons in suo motto writ petition and reiterated guidelines passed in Arnesh Kumar judgment.

“The Supreme Court bench said that no arrests should be made in violation of guidelines passed in Arnesh Kumar judgment,” he said.

Senior prosecuting officer Umar Mansoor said that the judgment has laid down that the circumstances in which the Magistrate might authorize detention of the accused.