citizens by police, and failure of the Magistrate in acting in
accordance with the law. SK Sinha J. observed that:
“There are complaints about violation of human rights
because of indiscriminate arrest of innocent persons by
law enforcing agencies in exercise of power under
section 54 of the Code and put them in preventive
detention on their prayer by the authority and
sometimes they are remanded to custody of the police
under order of the Magistrate under section 167 of the
Code and they are subjected to third degree methods
with a view to extract confession. This is what is termed
by the Supreme Court of India as 'state terrorism'
which is no answer to combat terrorism.”
The Division Bench in this case issued eleven guidelines to
the police and magistrates as to arrest, detention and
remand of suspects. However, these guidelines are not
binding on the relevant authorities.
Guidelines on Arrest
- The police officer making the arrest of any person shall
prepare a memorandum of arrest immediately after
the arrest and such officer shall obtain the signature of
the arrestee with the date and time of arrest in the said
memorandum.
- The police officer who arrested the person must
intimate to a nearest relative of the arrestee and in the
absence of the relative, to a friend to be suggested by
the arrestee, as soon as practicable but not later than
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