Delhi Police constable imprisoned for one day for contempt of court

The Delhi High Court also imposed a fine of Rs 2,000 on the police officer and a nominal cost of Rs 15,000 (File)

New Delhi: The Delhi High Court has sentenced a police officer to a day’s jail for contempt of court after arresting a man for violating the Supreme Court’s directions.

Justice Najmi Waziri refused to accept the apology granted by the Delhi Police officer in the contempt proceedings and held that personal liberty can be curtailed only through procedure established by law.

The High Court also imposed a fine of Rs 2,000 on the police officer and a nominal cost of Rs 15,000 on him for these proceedings, leading the petitioner to jail for 11 days.

“Keeping in mind that R-3 is a serving police officer with the Delhi Police, having served for seven years and may have a long career ahead of him, he will be sentenced to one day simple imprisonment as well as Rs. A fine of Rs 2,000 as well as a nominal cost of Rs 15,000 for these proceedings is to be paid to the petitioner within four weeks,” the court said in its order passed in December.

Justice Waziri made it clear that the order would be adjourned for two months from the date of receipt of the order to give ample opportunity to the officer to attack him if he so desired.

The High Court noted that the petitioner was arrested on charges of criminal breach of trust, without issuing a compulsorily-appearing notice under Section 41A of the Code of Criminal Procedure in reference to the Supreme Court’s directions in Arnesh Kumar to a maximum of three was sentenced to one year. matter.

Justice Waziri held that the “arbitrariness of the police officer” in specific contravention of the Supreme Court’s directions was “obvious” and that the petitioner’s arrest was not warranted in the manner in which it was done.

The court held that the police officer was supposed to have proper knowledge of the rights of a citizen and the procedure laid down in law.

It observed that the petitioner and his family had to face humiliation and outrage of being arrested and that “any explanation to the neighbors or those who witnessed the arrest will not reduce the embarrassment”.

It states that arrest destroys a person and the release or acquittal of any innocent is no consolation for loss of reputation or temporary loss of precious personal liberty.

(Except for the title, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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