WB administration violating the guidelines of arrest - Delhi GJM

West Bengal state administration is clearly violating the guidelines of arrest as laid down by the  Supreme Court and the National Human Rights Commission.

In a press release on behalf of Delhi Gorkha Janmukti Morcha,  Delhi unit of GJM has expressed grave concern towards the atrocities being meted out by the people in Darjeeling hills. Ranjan Sharma , General Secretary states that  West Bengal police in connivance with the state administration have made a mockery of the democratic process of the country. More than 700 pro-Gorkhaland activists  including  GTA Sabhasads  and senior leaders of GJM who have been agitating  peacefully,  tooth and nail for the cause of statehood  have been arrested so far .  In maximum number of cases arrest has been made during overnight raids. The law enforcement agencies have not just followed the law of the land in letter and spirit but are blatantly violating the guidelines of arrest as laid down by the Hon’ble Supreme Court in a number of cases. The retaliatory measure of the state government by way of resorting to arrest spree is to suppress the sanctity of the ongoing movement of demand of Gorkhaland .

 

Ranjan says that police  is misusing its discretion to arrest by nabbing people on reasonably minor grounds. People who have never ever indulged in any kind of highhandedness are being arrested. Excessive arrest of unwanted people just to curb the movement leads to overcrowding of prisons/cells resulting in unnecessary expenditure thereby incurring loss to state exchequer. Power of arrest should be exercised by the police judiciously safeguarding the human rights of the citizens,  but unfortunately  in our case the police is openly indulging  in violation of human rights. This will lead to a bad precedent ,  loss of faith in the law and order of the country. People against whom not even a reasonable complaint is filed or those having no connection with any kind of offence whatsoever are being arrested. Police is required to at least conduct a  preliminary investigation prior to arrest but no such norms are being followed and just to incite fear and terror in the minds of citizens, arrest is being carried out rampantly.

 

 

In Joginder Kumar vs State of UP which is a land mark judgment wherein  the Hon’ble Supreme Court  has  clearly discussed the consequences of arrest.

 

“Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided. “

 

Therefore the West Bengal administration is clearly acting against the aspects as observed by the Supreme Court and the National Human Rights Commission. We shall appeal to the National Human Rights Commission and also approach the union Ministry of Law and Justice to take cognizance and interfere in the issue shortly says Ranjan Sharma.