Supreme Court Refuses to Entertain PIL Seeking Compliance of Arnesh Kumar judgement in Arrest

On Thursday, Hon’ble Supreme Court refused to entertain a PIL that sought directions to ensure that the police are strictly following the guidelines laid down in Arnesh Kumar Judgement while arresting people.

The petitioners who were law researchers cited a nationwide survey report and submitted that indiscriminate arrests carried out by police during lockdown was a violation of the guidelines mentioned in Arnesh Kumar judgement, and this has led to the high increase of undertrial population in prisons. Police have completely ignored the guidelines issued by the High Powered Committee of States and the SupremeCourt.

When the case was taken up, the Bench told the Counsel (Senior Advocate Colin Gonsalves) for petitioners that the prayers in the petition were general and broad.

While referring to the survey report, Dr Gonsalves stated that the petition mentions specific instances of violations. Police have people in jail for petty offences even though the Arnesh Kumar Judgement held that arrest should be avoided if the punishment was less than seven years.

The Bench replied that if arrests were in violation of Arnesh Kumar judgment, you(Dr Gonsalves) should file a contempt petition.

Hon’ble Court refused to entertain the petition and told Dr Gonsalves that the petition should be withdrawn. Accordingly, Dr Gonsalves withdrew the petition with liberty to file a fresh petition.

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