A Sessions Court in Delhi ordered the Director of Directorate of Enforcement (ED) for conducting an inquiry against an investigating officer, who being an Assistant Director-rank officer, and his superior officers over the unjustified incarceration of an accused who being in jail for 17 days.
The ED arrested the Om Prakash on June 12, 2023 with regards to open ended non-bailable warrant and was remanded to judicial custody for three days. The court extended the judicial custody of the arrested person for 14 days on June 15, 2023 and was produced before the Additional Sessions Judge (ASJ) after completion of 14 days judicial custody.
The Additional Session Judge, Devender Kumar Jangala in the case observed and has stated that it is being appeared that the accused has suffered the custody period of 17 days due to the callous approach of the agency against the fundamental right of personal liberty guaranteed as stated under the Constitution of India and also contrary to the provisions of Code of Criminal Procedure, 1973.
The Court further added that “The onus is upon the arresting officer to exercise this option because the liberty of that person has been curtailed only at the instance of the said agency. The arresting authority cannot state merely that now after completion of 17 days in custody, it does want the extension of custody of accused further. There is no change of circumstances from the date of arrest till today”.
“The power of arrest cannot be allowed to exercise in arbitrary manner and that the person needs to be arrested only when the justified circumstances exist. Further, the court also stated that no person is allowed to be detained in custody without on the reasonable ground” the Court added.
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