TheApogee.in
In compliance to the directions of the Hon’ble Supreme Court of India in its order dated 31.07.2023 in the case titled Md. Asfak Alam vs State of Jharkhand, Criminal Apppeal No. 2207 of 2023, the Hon’ble High Court of Jammu & Kashmir and Ladakh notifies the directions contained in the said Judgment as Guidelines on Arrest, Detention and Bail of accused for the guidance of the Magistrates and the Criminal Courts sub-ordinate to the High Court of Jammu & Kashmir and Ladakh.
Guidelines issued are-
1. Both the State Governments of Union Territory of Jammu & Kashmir and Union Territory of Ladakh to instruct its police officers not to automatically arrest when a case under Section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 Cr.P.C.
2. All police officers be provided with a check list containing specified sub-clauses under Section 41(1) (b0(ii).
3. The police officer shall forward the check list duly filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention.
4. The Magistrate while authorizing detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention.
5. The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing.
6. Notice of appearance in terms of Section 41-A Cr.P.C. be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing.
7. Failure to comply with directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before the High Court having territorial jurisdiction.
8. Authorizing detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.
9. The aforesaid directions shall not only apply to case under Section 498-A IPC or Section 4 of the Dowry Prohibition Act, but also to such other cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine.
Earlier, the Hon’ble Calcutta High Court Read the story here, Hon’ble Patna High Court, Hon’ble Tripura High Court and Hon’ble Punjab & Haryana High Court have issued guidelines Read the story here
Jammu & Kashmir and Ladakh High Court notification : noti_2539_23102023_upload
