“Even the Accused Deserve Dignity” – A Wake-Up Call from the Supreme Court ,By Rajesh Gupta, Cyber Crime Investigator
Introduction
The Supreme Court of India has once again asserted the
fundamental principle that “justice must be humane.” In a recent ruling
concerning a case from Haryana, the apex court made it explicitly clear that no
authority, not even the police, can violate the constitutional rights of an
individual—even if they are an accused.
The judgment is a timely reminder of the legal safeguards
enshrined in the Constitution and reinforced by previous landmark rulings, such
as the Arnesh Kumar v. State of Bihar case.
The Case of Vijay Pal Yadav: A Reflection of Police
Misconduct
The case came to the Supreme Court as an appeal by Vijay Pal
Yadav, who alleged that he was illegally arrested by the Haryana Police,
in clear violation of the Arnesh Kumar guidelines. He also claimed he was subjected
to physical abuse both during and after the arrest.
The bench, comprising Justice Ahsanuddin Amanullah and
Justice Prashant Kumar Mishra, accepted his arguments and observed that the
police acted in a high-handed and illegal manner.
“Even a criminal, under the law of our land, enjoys certain
safeguards... he must be treated in accordance with law,” said the bench.
What Are the Arnesh Kumar Guidelines?
Introduced in 2014, the Arnesh Kumar guidelines aim to curb
the abuse of arrest powers by police, especially in cases where the
offense is punishable by less than seven years. Some key points include:
- Police
must justify the need for arrest.
- Arrest
should be an exception, not the rule.
- Magistrates
must verify the legality of arrest before granting remand.
- A
checklist of conditions must be met and documented before arrest.
The Supreme Court observed that these guidelines were blatantly
ignored in Yadav’s case.
Supreme Court’s Stern Message to Police Forces
The judgment went beyond the individual case and served as a
nationwide warning to police departments. The court ordered:
- Zero
tolerance for abuse of power.
- Responsibility
of senior officers (especially the DGPs) to ensure compliance.
- Circulation
of the judgment to DGPs of all States and UTs, and to the Delhi
Commissioner of Police.
This proactive step aims to prevent similar violations in
the future and instill a culture of accountability.
A Call for Police Reform
As someone working within the cybercrime investigation
space, I have seen first-hand how overreach by law enforcement can damage
public trust. This ruling is not just a legal milestone, it’s a call for reform
and retraining within our police forces.
Police must shift from an authoritarian approach to a
service-oriented mindset, rooted in constitutional values.
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