Kuldeep Vs State of Karnataka as on 19 Jan 2023
WRIT PETITION No.24832 OF 2022 (GM – POLICE)
Date of Judgement : 19 January 2023
“When the State or its agents fear the people there is LIBERTY; when the people fear the State or its agents, there is TYRANNY”
No arrest can be made by the police merely because it holds the power to do so unless there is sufficient justification, the Karnataka High Court recently said while ordering ₹3 lakh as compensation to a young advocate who was found to have been illegally arrested and assaulted by the police.
The Court found that the advocate’s personal liberty was snatched away by the police without even a warrant for arrest or the registration of a first information report (FIR). It was noted further that the lawyer was threatened to give evidence against himself while in police custody.
“It is trite law that no arrest can be made because it is lawful for the Police to do so. The existence of power to arrest is one thing and justification for the said exercise is another. No arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bonafides of the complaint/information, as any arrest would deny a person of his liberty, which is a very serious matter, as arrest brings humiliation, curtails freedom and casts a scar forever,” the Court went on to emphasise.
Justice Nagaprasanna further pointed out that the acts of the police, in this case, were in contravention of the SC guidelines on arrest as laid down in the judgments of DK BASU VS. STATE OF WEST BENGAL , ARNESH KUMAR VS STATE OF BIHAR , MOHAMMED ZUBAIR VS STATE OF NCT OF DELHI AND SATENDER KUMAR VS CBI
“The Apex Court holds that the attitude to arrest and then proceed with the rest is despicable and has become a handy tool to police officers who lack sensitivity or act with oblique motive. The observations of the Apex Court are apt to be applied in the case at hand.
The arrest of the petitioner has been in violation of Article 21 of the Constitution of India and the petitioner was compelled to face humiliation … There is flagrant violation of the mandate of the law enshrined under Sections 41 and 41-A of the Cr.P.C. The police can in no circumstance flout the law with such brazen proclivity,” the Court said.
“ Injustice anywhere; is a threat to justice everywhere ” – MLK Jr..