NEW DELHI: The Supreme Court has warned police officers across all states and Union Territories that any violation of laws, rules, and guidelines regarding arrests will lead to strict action. The court emphasized that even a criminal must be treated as per the law, which guarantees certain rights and protections.A two-judge bench, led by Justice Ahsanuddin Amanullah and Justice Prashant Kumar Mishra, made these remarks while hearing an appeal by Vijay Pal Yadav. Yadav, an accused in a case, claimed that the Haryana police arrested him in violation of the Arnesh Kumar guidelines. He also alleged that he was physically abused both at the time of arrest and later at the police station.The Supreme Court agreed with Yadav and criticized the police for their misconduct. “Even if a person may be a criminal, the law requires that he be treated in accordance therewith. Even a criminal, under the law of our land, enjoys certain safeguards in order to ensure protection of his person and dignity. In this case, the petitioner, when picked up by the police, was at best an accused,” the court said.The court warned police officers to be careful in the future. “The Director General (Haryana) is also directed to ensure that such type of occurrences do not recur and there should be zero-tolerance on behalf of the senior officer(s) with regard to any alleged transgression of authority by any subordinate officer(s),” the court added.The Supreme Court stressed that the police play a crucial role in maintaining safety and security. “The need, therefore, for maintaining the confidence of individuals and society-at-large in the police is paramount,” it said.The court noted that there was evident high-handedness by the police in Yadav’s case. Yadav had argued that the police did not follow legal procedures while investigating a dispute he had with his neighbor. He claimed that the police ignored the guidelines set in the Arnesh Kumar case and used excessive force against him.Taking a humane approach, the Supreme Court decided to close the case, stating that the matter was already under investigation. “Since already much water has flown and there is a proper police case, of which the concerned Court is in seisin, we consider it appropriate to close the present proceedings,” the court said.However, the court issued a stern warning to all police departments. “We are confident that the Director General of Police has been appropriately sensitized and expect that transgressions of the nature alleged herein would not happen again. Failing which, as and when the same is brought to our notice, a very strict view shall be taken, and coercive measures shall also follow against the errant personnel,” the court said.The Supreme Court also directed its Registry to send copies of the order to the Directors General of Police of all states and Union Territories, as well as the Commissioner of Police for Delhi, as a reminder to strictly follow all legal safeguards for persons in custody.
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