Strategic arrest on Friday night violation of Constitution: CIC

Posted By: PTI
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New Delhi, Jul 5: Strategically arresting people on Friday night to deprive them a court hearing till Monday is a violation of the Constitution, the Central Information Commission has held.

Pulling up Tihar Jail authorities for keeping inmates beyond their term, the Commission has said that there was no system in the prison to take complaints of excessive detention and providing compensation.

CIC against arrest on Friday night

Information Commissioner Sridhar Acharyulu directed the Tihar Prison authorities to frame a policy for preventing any excessive detention of inmates and put in public domain in accordance with the provisions of suo-moto disclosure under the Right to Information Act.

"The Commission noticed that contentions of prisoner appellant and respondent PIO reveal a prima facie case of excessive detention and that there is no specific mechanism to take complaints of extra detention and provision for compensation in such cases," Acharyulu said in his order.

He said appellant's personal liberty can be deprived only till term of imprisonment prescribed by court of law continues and even a day beyond.

"Strategically, we hear that, the individuals are arrested during night of Friday so that they will not be in a position to move the court of law till Monday. Such detention would be absolute violation of Article 21 and it could be both a crime and tort (civil wrong) also," he said.

The Information Commissioner said it is not proper on the part of Tihar authorities, first to detain the prisoners beyond the term, not to have any mechanism to receive, hear and provide remedy for excessive detention, and not even giving correct information to the prisoner under the RTI Act.


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