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LATEST NEWS UPDATES | How Delhi, UP Police & Judges Violated SC Guidelines In Arresting Alt News Co-Founder Mohd Zubair -Areeb Uddin Ahmed

How Delhi, UP Police & Judges Violated SC Guidelines In Arresting Alt News Co-Founder Mohd Zubair -Areeb Uddin Ahmed

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published Published on Jul 11, 2022   modified Modified on Jul 13, 2022

-Article-14.com

Police of two states & four magistrates violated a series of guidelines laid down by the Supreme Court, when Alt News co-founder Mohammad Zubair was called for questioning in a case in which he was protected from arrest, then held in another case, then two more. Judicial and police officers are liable for punishment if they infringe these orders, called the Arnesh Kumar guidelines. Yet, they have been freely violated in a series of cases.

Lucknow: An arrest brings humiliation and curtails freedom. It must not be made on mere allegation. The police must first investigate the allegation and magistrates must authorise detention with care, failing which both police and magistrate would be liable for punishment. 

These were the guidelines issued by the Supreme Court of India in 2014 in Arnesh Kumar vs State of Bihar, a case where the Supreme Court imposed checks and balances on the power of police to arrest and held that an arrest should not be made for the sole reason that the offence is non-bailable and cognizable (meaning an arrest can be made without a warrant) and in cases where punishment is less than seven years, then no arrest should be made.

These orders came to be known as the Arnesh Kumar guidelines, applicable in crimes committed under the Indian Penal Code 1860, for which procedure for the police and the magistracy is prescribed in the Criminal Procedure Code (CrPC), 1973. 

The Arnesh Kumar guidelines make one clear point: there should be no arrest in offences that describe a jail term of less than seven years. Yet, these guidelines have been violated by the police and magistrates in a number of recent cases, the most recent being the arrest of Mohammad Zubair, cofounder of fact-checking website Alt News and the repeated filing of cases to keep him in jail.

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Article-14.com, 11 July, 2022, https://article-14.com/post/how-delhi-up-police-judges-violated-sc-guidelines-in-arresting-alt-news-co-founder-mohd-zubair-62cb1f280d91d?fbclid=IwAR3bVBhD-VZMuDAVK-5bT62ZjZw2q5BKRO40ZBO48Hgv05zoRrJ9l8nO6J4


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