Arrest not necessary during probe in all cases: HC
HC asks police to show more quality and maturity in investigations
Chennai:Vexed with the filing of numerous anticipatory bail pleas, the Madras High Court on Wednesday observed that the accused need not be arrested in all criminal cases at the stage of investigation and the probe can be carried out effectively without custodial interrogation.
Justice Anand Venkatesh made the observation while granting anticipatory bail to an accused in a matrimonial dispute case and asked the police to pull up their socks and show more quality and maturity in investigations.
The judge took note of the filing of anticipatory bail petitions by various people apprehending detention, especially against "Friday night arrests", a popular euphemism for arrests made on a Friday or a day prior to court holidays to ensure that the accused does not come out on bail immediately.
"The police must be made to understand that all criminal cases need not necessarily involve arrest of accused persons during investigation and an effective investigation can be done even otherwise. A change in attitude will bring down unnecessary filing of anticipatory bail petitions," the judge said.
He said it could effectively be implemented in matrimonial, commercial and property disputes and other such minor offences, adding that ultimately, the aim was to stop unnecessary and illegal arrests.
"The Tamil Nadu police needs to pull up their socks and show more quality and maturity in investigation techniques," Justice Venkatesh said in his order.
He further said it was not necessary that the police must take a decision about resorting to the procedure under section 41-A of the Code of Criminal Procedure (CrPC) only when an anticipatory bail petition was filed, adding that they could independently take a decision in accordance with the guidelines.
Under section 41-A, CrPC, a police officer, in all cases where the arrest of a person is not required under section 41(1), shall issue a notice directing the person against whom a reasonable complaint has been made or credible information has been received to appear before him.
The judge said henceforth, in all anticipatory bail petitions filed before the high court and where the offence concerned carried a punishment of up to seven years, the police should instruct the public prosecutor as to in which case they would invoke section 41-A.
The court would pass the necessary orders after recording the decision of the police with regard to section 41-A, he added.
Earlier, Justice Venkatesh granted anticipatory bail in a case in which the accused was alleged to be the instigator for the second marriage of a person when the first marriage was in force.
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Unruly scenes witnessed in Punjab Assembly
Chandigarh (PTI): The Punjab Assembly on Friday witnessed high drama on Friday after Congress MLA Sukhpal Singh Khaira made an allegedly objectionable remark against Chief Minister Bhagwant Mann during an intense argument over the alleged use of mobile phone in the house by the legislator.
During the one-day special session of the Punjab Vidhan Sabha here, Mann accused Khaira of using a mobile phone when Speaker Kultar Singh Sandhwan was reading out an official resolution on the revision of wages.
After rising from his seat, the chief minister pointed to the speaker, claiming that Khaira is busy on his mobile phone and urged him to ask the Congress MLA what Sandhwan had said about the resolution.
The speaker then asked Khaira to maintain order in the house and listen to the resolution carefully.
Mann then asked Khaira, "Why don't you go out and then use it (mobile phone)," which led to a strong verbal altercation during which the opposition MLA hurled an accusation against the chief minister. Meanwhile, the speaker appealed for order and insisted that the chair be addressed.
However, both Mann and Khaira continued arguing and could be seen pointing fingers at each other as the proceedings of the house were disrupted.
The AAP MLAs also rose from their seats with Finance Minister Harpal Singh Cheema condemning Khaira for his conduct and demanded action against him.
Cheema further alleged that Khaira "always tries to disturb the house" as he spoke about his conduct in the assembly.
The incident occurred as an official resolution on the revision of wages was presented at the special session by Labour Minister Tarunpreet Singh Sond who said it paid homage to labourers on the International Workers' Day.
"Workers are the axis of construction of the nation, the community, the state and society. Every construction project succeeds only through their blood and sweat," the resolution read.
As per the resolution, "The base rate of minimum wages for the working class in Punjab was last revised in the year 2012. Although the dearness allowance has continued to increase since 2012, there has been no increase in the base rate of minimum wages.
On this sacred occasion of May Day, in this special session of the legislative assembly, this house proposes to revise and increase the minimum wages of labourers and strongly recommends to the government to take a decision regarding the increase of minimum wages for workers, so that the contributions of the workers can be acknowledged." PRK
