The Delhi Police has gone by the rule book to arrest State Law Minister Jitender Singh Tomar on Monday for faking his certificates, but the sudden nature of the arrest in the backdrop of an ongoing power tussle between the Centre and Delhi government, raises doubts if the case required the Minister to be deprived of his personal liberty.
Again, experts ask whether custodial interrogation was necessary in a case entirely based on documentary evidence.
Arrests without warrants, as was done in the case of Mr. Tomar, can be made under Section 41 of the CrPC on the basis of a reasonable complaint or credible information or if a reasonable suspicion exists.
In fact, a 2010 amendment to Section 41 of the Code of Criminal Procedure requires the police to record the reason in writing in case they choose not to arrest a person.
The Delhi Police maintain that they have not broken any procedure in the arrest of the minister. Experts confirm too.
“There is nothing preventing the police from arresting any person, including a sitting minister, for custodial interrogation, especially if the offence against him is forgery and fabrication of documents. In fact, if they had not arrested him, the police would have been in the dock because the 2010 amendment to the CrPC requires the police to give reasons in writing for not arresting,” Justice K.T. Thomas, retired Supreme Court judge, said.
However, the nature, intent and manner of the arrest have left serious doubts in the minds of several legal experts. Former Solicitor General Mohan Parasaran wondered whether the arrest was an instance of “pre-trial conviction”.
Besides experts ask why there was need for an arrest if the entire material evidence in the case is documentary.
This arrest has happened when the Supreme Court had recently protected social activist Teesta Setalvad and her husband from arrest by the Gujarat Police in the Gulbarg embezzlement case. A bench led by Justice Dipak Misra granted the couple anticipatory bail.
Noting that their “personal liberty should not be put in the ventilator in an ICU”, Justice Misra said there was no need for any personal interrogation because the case is based on documents, which can be provided by the Ms. Setalvad to the police.
In the Joginder Kumar versus State of Uttar Pradesh judgment of 1994, the Supreme Court has held that “indiscriminate arrests” are a violation of human rights.
Arrest can be made only after the police is satisfied of its necessity and justification.
- Escalating face-off
- June 6: Delhi government Anti-Corruption Branch reopens the 2002 CNG fitness scam case of Rs. 1000 crore.
- June 8: L-G Najeeb Jung appoints Joint Commissioner of Police M.K. Meena as the head of ACB superseding the appointment made by CM Arvind Kejriwal.
- June 8: FIR against Delhi Law Minister Jitender Singh Tomar registered at Hauz Khas police station on charge of submitting forged degrees for obtaining enrolment with Bar Council of Delhi.
- June 9: Delhi govt. asks Meena to return to his post in Delhi police. Meena says he will go back if orders come from L-G.
- Tomar arrested and produced in court.
- ACB begins probe into CNG fitness scam case. L-G office issues statement justifying his decision not to go for high-level probe.
