Power To Arrest Can’t Be Used As A Punitive Tool Unmindful Of Safeguards Mandated U/S 41 CrPC
Case: Muhammed Rafi v. Satheesh Kumar M.V
Coram: Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P
Case No.: CON.CASE(C) NO. 808 OF 2022
Court Observation: “Before we part, we deem it proper to remind that the power to arrest an individual vested in the State and exercised through its police officers at various stages of the criminal justice process, cannot be used as a punitive tool or as a measure of harassment unmindful of the duty to take into account the safeguards provided under Section 41 of the Cr.P.C. before the arrest of a citizen.”
“We remind the authorities concerned that any attempt to circumvent the orders of the court is derogatory to the very dignity of the court and administration of justice. The directions issued by the courts, particularly, by the Supreme Court has to be complied as such without any exception or justification. The directions so issued are binding and must be obeyed by the parties and all concerned stricto sensu.”
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