REPRESENTATIONAL IMAGE
Yet another case of non-compliance of Constitutional requirements by police while exercising the power to arrest has come to light. Hearing a bail petition of an accused allegedly apprehended with cannabis, the Gauhati High Court observed that there was non-compliance of Article 22(1) of the Constitution of India which made the arrest illegal and vitiated.
This is not just a rare instance. In fact, Assam Police has been caught on the wrong foot for the umpteenth time, and there have been repeated directions from courts to the State government and police to ensure compliance of legal procedures.
In the recent order, the high court also noted that such non-compliance of mandatory requirements could lead to misuse of law and thus asked the Chief Secretary to take appropriate steps not only for sensitizing strict compliance of the mandatory requirements relating to arrest but also for framing requisite guidelines making police liable for non-compliance of the requirements mandated under the Constitution. Constitutional safeguards are provided to a person to protect his personal liberty against any unjustified assault by the State.
In tune with the Constitutional guarantee, a number of statutory provisions also seek to protect personal liberty, dignity and basic human rights of citizens.
Despite clear guidelines and landmark Supreme Court rulings such as DK Basu vs State of West Bengal (1997), violations persist. Common non-compliances include failure to inform the accused of the grounds for arrest, not producing them before a magistrate within 24 hours, denial of access to legal counsel, and custodial torture.
These procedural lapses severely undermine the rule of law and Constitutional protection. They erode public trust in law enforcement and contribute to wrongful convictions, prolonged undertrial detentions, and custodial deaths. Worse, criminals have often played on these lapses to get out of jail and evade conviction.
It has been one key contributor to the State’s dismal conviction rate. Additionally, they compromise the fairness of investigations, enabling abuse of power and corruption. The fallout extends to the judiciary, which is burdened with cases stemming from flawed investigations, leading to delays and miscarriages of justice.
Moreover, such practices damage the State’s human rights reputation. To rectify these issues, strict enforcement of guidelines laid down by the Constitution and the Supreme Court is essential. Police training must emphasize legal procedures and human rights. Independent oversight mechanisms, such as police complaints authorities, should be empowered and made more accessible.
Erring police personnel should be made liable. Only through consistent adherence to legal norms and institutional reforms can the credibility of the law enforcement system be restored, ensuring justice and protection for all citizens.