The Kerala high court asked judicial magistrate to explain the remanding order passed against accused without taking into consideration the guidelines passed in Arnesh kumar case.
The bench consists of Justice Thomas and Justice Eapen also sent contempt of court notice to the police officers who made the arrest in violation of the court’s directions.
In Arnesh kumar case the apex court gave the following guidelines to prevent arrest and unnecessary detention:
- The court said that all states government direct their police officers to not to make arrest in casual manner in case of section 498A IPC. Before arresting accused make sure about the necessity of the arrest and other ingredients given under section 41 of CRPC is satisfied.
- P.O provided with the checklist contain the clause specified under sec 41(1)(b)(2) CRPC.
- P.O shall forward the above said list with reason and material used for satisfying the need of making arrest to magistrate before whom the accused produced for further detention.
- Magistrate before granting further detention will go through the report submitted by the police officer. If he satisfied than after recording reason for granting the same.
- If the arrest is not made in case within two weeks from its institution date. Superintendent of police with reason send a copy of decision to magistrate.
- Under section 41A CRPC the notice of appearance should be send to the accused within two weeks of institution of the case. The period of two weeks can be extended by the Superintendent of police after recording the reason for the extention.
- If the P O failed to comply with the above said guidelines he will be tried before the High court having territorial jurisdiction under contempt of court or departmental proceeding will be initiated against him.
- If Magistrate grant further detention without recording reasons. The departmental action will be taken against concerned magistrate by apt HC.
- These guidelines not only apply on cases of section 498A of IPC or Dowry cases but also in offence whose prescribed punishment is less than 7 years or can be extended to 7 years, with or without fine.
So in the present case the concerned magistrate didn’t comply with the guidelines of Arnesh Kumar Case. Thus the action taken against him by the Kerala High Court.