Power to arrest
The arrest of daughter of a retired High Court Judge by the CBI on the basis of a complaint alleging demand of graft has raised an important question about unbridled and un-guided power of an Investigation officer to arrest anyone merely on the basis of allegations in a compliant.
The Expressindia.com has claimed possession of a copy of FIR and has mentioned the contents of the same. The facts mentioned in the news indicate possibility of malicious prosecution by the frustrated complainant.
The case is reportedly pending before the National Commission. The State Commission has already disposed off the same. Where is the question of post decision bribe by a party who has suffered adverse order? Anyone having a little knowledge about the establishment of the National Consumer Forum, members of which are retired Supreme Court judges, and the manner in which it functions, would not believe the allegations in the complaint.
Existence of people indulged in misuse of names of the persons occupying responsible posts, for their own benefit without even knowledge of their activities to such person, whose name is being misused, is not a new thing. Declaring the person whose name is being misused as accused is the most imprudent and unjust action. By this logic, any person occupying higher responsibility post or his near ones can be harassed and arrested by simply naming them in any FIR. With this constant threat, no one will aspire to occupy any constitutional or responsible post.
The arrest appears to be a hasty and irresponsible action. Merely because an investigation agency has power to arrest, it should not be allowed to exercise it without any incriminating evidence. The facts in the news, if correct, the arrest is abuse of authority. It is a matter of personal liberty and it cannot be dealt with so casually. Such hasty arrest needs to be condemned. It is high time to frame and implement guidelines for exercise of authority of an investigation Officer to arrest anyone, unmindful of its consequences. The right to live with dignity is the fundamental right and it cannot be allowed to be violated under the pretext of investigation of allegations in a complaint. We are in 21st Century and the irrational and inhuman laws permitting abuse of authority, which were framed by the British to rule the nation by treating the same as a colony cannot be allowed to continue in the today’s era, which values human rights. Apart from the agony being suffered by the arrested, the faith in the system of administration of justice is at stake.
The said matter also provides necessity of considering bail matters by the judiciary from the angle of abuse of the legal process by a mischievous complainant. It is a general experience that, bail applications are rejected by simply considering the nature of allegations without assessing the credibility of the same.
Even in the case of ‘Note for Vote’ controversy, the persons who arranged sting operations are arrested and are sent behind bars. The beneficiaries of the event continue in Power.
I sincerely feel that, the entire approach towards the investigation aspect and authority of the investigation officer to arrest a person merely on the basis of allegations in a complaint deserves reconsideration.
VAKILSAHEB
