Chandigarh, Oct 22 Taking serious note of allegations of illegal detention by the police of a man, the Haryana Human Rights Commission has sought a report from the Superintendent of Police posted in Bhiwani. Quoting a Supreme Court judgment, Commission Chairperson Justice (Retd) Lalit Batra observed that Sections 107 and 151 of the CrPC are preventive in nature and not punitive.
“Section 151 should be invoked only when there is an imminent threat to peace or when a person designs to commit a cognizable offence. Any arrest under this provision must satisfy the conditions that the officer has knowledge of the design to commit an offence and that such an arrest is necessary to prevent its commission.
"Otherwise, the arresting officer may be liable for violating the fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India,” observed the Chairperson.
Justice Batra observed that Sections 107 and 151 of the CrPC have been replaced by Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita of 2023, which serve the same purpose of preventing imminent harm and ensuring public safety.
The commission's action came in the wake of a complaint by Ashok Kumar, a resident of Dhana Janga village in Bhiwani district. He alleged that his brother, Jagjeet, lodged a false complaint and acting upon the complaint the Station House Officer of the Police Station Sadar in Bhiwani assigned Assistant Sub-Inspector (ASI) Virendra Singh to enquire into the matter.
After a medical examination, the complainant was booked under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (which the complainant referred to as Sections 107 and 151 of the CrPC). He remained in custody overnight and was produced before the Subdivisional Magistrate the next day.
The complainant has requested appropriate action against the erring police official, ASI Virendra Singh.
Taking cognisance of the complaint, the commission has sought a detailed report on the basis of summoning, unlawful detention or prolonged stay, the necessity of arrest or preventive measures and the conduct of the Investigating Officer.
The commission listed the matter for the next hearing on December 17.
Puneet Arora, Information and Public Relations Officer with the rights commission, said Justice Batra has directed the Superintendent of Police of Bhiwani to submit a detailed report through the Director of Investigation of the commission before the next hearing.
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