Exclusive: Jitender Singh Tomar's arrest is legally correct, says Kiran Bedi
The Aam Aadmi Party (AAP) quickly termed it a case of political vendetta against AAP Government by Modi Government.
To understand about the legal angle of the entire case OneIndia talked to former IPS officer Kiran Bedi.
Here are the excerpts of the conversation with Dr Bedi:
Is the arrest of Jitender Singh Tomar legally correct or is it a political move?
As far as I know, he was involved in a fake degree case even the university he claimed to have pursued the degree had denied the degree produced by Jitender Singh Tomar. So naturally, a case was registered and the police was probing the case. I am sure the police might have found some evidence in the connection with the case and that is why cops detained Tomar for questioning.
Although it is too early to comment whether it is an arrest or a mere questioning exercise.
The move is legally correct, hence cops don't need to send a notice to the person concerned because this case comes under 'cognisable offence'. The police has all the right to arrest a person under cognisable offence, even raid his/her residence.
But even Delhi Police Commissioner BS Bassi said that he is unaware of Tomar's arrest. Is it possible that police arrests a Minister without the knowledge of the top cop?
Law allows a station house officer (SHO) to take action in such a case. The SHO doesn't requires permission from his seniors before arresting/detaining a person for question. It is the police department's internal matter (about informing seniors) but the law doesn't stops the SHO from carrying out such arrests.
But don't you think it would have been better if Delhi CP would have been kept in loop before arresting a state's Law Minister?
It is an internal matter of the police department. It is the Delhi Police that knows it better whether Delhi CP was informed or not. But in this case it is not yet clear whether he has been arrested or he's been detained for questioning. The Delhi Police spokesperson would be the best person to tell about it.
I being an ex-cop am telling on my experience, that a police officer whenever calls a person for questioning he/she need not send a notice to the person concerned. If the police makes such arrests it is based on solid evidence because it is accountable to the court.
The police produces the entire file in connection with the case, the very next day in front of the magistrate. So it is the accountability of the concerned police officer to clear his stand for detaining the person and if he fails to justify his action then the officer might face charges.
So what should we pronounce it arrest or questioning?
Lets not jump into conclusions immediately, lets wait for the Delhi Police spokesperson's official statement. It could be a mere questioning exercise. Hence, the cops are not wrong on their part, since this case falls under cognisable offence hence the arrest/detaining of Tomar is not illegal.
People will give it a political angle but I don't think it is a politically motivated one.