Court rebukes Delhi Police for 'manhandling' murder accused during his arrest

New Delhi: A court here rebuked the Delhi Police on Saturday after it was informed that police personnel allegedly manhandled a murder accused and took him away in a car from the Tihar Jail compound, where he had gone to surrender.

The accused was subsequently arrested by the police.

Metropolitan Magistrate Raghav Sharma said it was a clear case of "misadventure" on the part of the police and the power of arrest cannot, in any manner, be used as a force for threatening the accused.

The accused's counsel informed the court on Friday that when his client went to the jail to surrender, unidentified persons, including police personnel, allegedly manhandled him and took him away in a car.

The court had earlier sought a report from the police about the accused's whereabouts and the status of the investigation.

"It is a clear case of misadventure on the part of the investigating agency. The power of arrest with the police authority is given with responsibility as well as a sense of duty on their part. The power of arrest cannot in any manner be used as a force for threatening the accused. While there is no doubt that the power of arrest is very much necessary for a proper investigation of the case, it has to be used with proper reasons and proper adherence to the procedure established by law," the court said in its order.

It further directed the deputy commissioner of police (DCP) concerned to sensitise the staff regarding the procedural requirements of arrests in accordance with law.

"In this given case, the procedural safeguards of arrest, which include showing the ID of the arresting officer and proper regard to the physical liberty of the accused, have been violated. In the present case, not only the guidelines have been completely violated, but also there is patent disregard to the spirit of procedural law," the court said.

During the hearing, the police said in their report that they had received information that the accused, Kartik, might come to the Tihar Jail with three-four associates to surrender before the court.

According to the report, a team was deployed to detain the accused and as soon as the team members spotted him, the accused was put under detention and taken to the Subhash Place police station.

The investigating officer (IO) of the case also informed the court that those who had allegedly pounded on the accused were the staff of the police station. The court sent Kartik to judicial custody for 14 days.