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Chandigarh, October 22 (IANS) Taking serious note of allegations of illegal detention of a person by the police, the Haryana Human Rights Commission has sought a report from the Superintendent of Police posted in Bhiwani. Citing a Supreme Court judgment, Commission Chairman Justice (Retd) Lalit Batra said Sections 107 and 151 of the CrPC are preventive in nature and not punitive.
“Section 151 should be invoked only when there is an imminent threat to the peace or when a person is planning to commit a cognizable offence. Any arrest under this provision must satisfy the conditions that the officer has knowledge of a design to commit an offense and that such arrest is necessary to prevent it from being committed.
“Otherwise, the arresting officer may be liable to violate the fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India,” the Speaker said.
Justice Batra said that Sections 107 and 151 of the CrPC have been replaced by Sections 126 and 170 of the Indian Civil Defense Code of 2023, which serve the same purpose of preventing imminent harm and ensuring public safety.
The commission’s action came in the wake of the complaint by Ashok Kumar, a resident of Dhana Janga village in Bhiwani district. He alleged that his brother Jagjit lodged a false complaint and acting on the complaint, the Station House Officer of Sadar Police Station, Bhiwani handed over the investigation of the case to Assistant Sub-Inspector (ASI) Virendra Singh.
After medical examination, the complainant was booked under sections 126 and 170 of the Indian Civil Protection Code (which the complainant referred to as sections 107 and 151 of the CrPC). He remained in custody overnight and was produced before the Subdivisional Magistrate the next day.
The complainant has requested for appropriate action against the guilty police officer ASI Virendra Singh.
Taking cognizance of the complaint, the Commission has sought a detailed report on the grounds of summons, illegal detention or prolonged stay, need for arrest or preventive measures and the conduct of the investigating officer.
The commission has listed the matter for next hearing on December 17.
Rights Commission’s Information and Public Relations Officer Punit Arora said that Justice Batra has directed the Bhiwani Superintendent of Police to submit a detailed report through the Commission’s Director of Investigation before the next hearing.
–IANS
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