Procedure to followed by police while arresting Judge
Tripura High Court today, in suo motu Writ petition, reprimanded the State Police officials who arrested a Judicial Officer accused of drunken, rash and negligent driving, for violating the procedures to be followed before such arrests. A division bench comprising of Chief Justice Deepak Gupta and Justice S.C. Das held that the police officers have violated the law laid down by the Apex Court in Delhi Judicial Service Association, Tis Hazari Court, Delhi Vs. State of Gujarat AIR 1991 SC 2176 which had said that Judicial officer shall not be arrested for any offence before intimating the District Judge or the High Court. The court also, directed the State to initiate disciplinary proceedings against these police officials for imposition of major penalty. Apparently, the court also said that disciplinary action should also be taken against the judicial officer also. It added “keeping in view the conduct of the Judicial Officer, we cannot totally disbelieve the police officials that the Judicial Officer may have been drunk“.
Police version of the incident
On 6.6.2014 at around 11 pm in the night, the Police officers while they were engaged in maintaining the Law & order in and around GBP hospital and also to organize medical aid to the injured persons evacuated to G.B. hospital following clash between BSF and local people, one four wheeler vehicle was seen being driven in a very rash and dangerous manner. The driver did not stop the vehicle even after police requiring him to do so. Some of the police officers along with the local people managed to detain the vehicle. The person driving the vehicle came out of the car and started shouting an abusive language. The driver of the vehicle was smelling of alcohol and was arrested under Section 202 of the Motor Vehicles Act and was sentfor medical examination. The Medical Officer opined that the person appeared to be under influence of alcohol. According to the Superintendent of Police, the said driver of the vehicle was takento the New Capital Complex Police Station and kept in police custody. After he was brought to the Police Station he claimed that he was a Judicial Magistrate.
Guidelines issued by Apex Court in Delhi Judicial Service Association case
- If a judicial officer is to be arrested for some offence, it should be done under intimation to the District Judge or the High Court as the case may be.
- If facts and circumstances necessitate the immediate arrest of a judicial officer of the subordinate judiciary, a technical or formal arrest may be effected.
- The facts of such arrest should be immediately communicated to the District and Sessions Judge of the concerned District and the Chief Justice of the High Court.
- The Judicial Officer so arrested shall not be taken to a police station, without the prior order or directions of the District & Sessions Judge of the concerned District, if available.
- Immediate facilities shall be provided to the Judicial Officer to communication with his family members, legal advisers and Judicial Officers, including the District & Sessions Judge.
- No statement of a Judicial Officer who is under arrest be recorded nor any panchnama be drawn up nor any medical tests be conducted except in the presence of the Legal Adviser of the Judicial Officer concerned or another Judicial Office of equal or higher rank, it’ available.
- There should be no handcuffing of a Judicial Officer. If, however, violent resistance to arrest is offered or there is imminent need to effect physical arrest in order to avert danger to life and limb, the person resisting arrest may be over-powered and’ handcuffed. In such case, immediate report shall be made to the District & Sessions Judge concerned and also to the Chief Justice of the High Court.
https://www.lawweb.in/2015/08/procedure-to-followed-by-police-while.html
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