Of arrests and detentions

 It is very important to note that pursuant to the directions issued by the Supreme Court of India on July 31, the Gauhati High Court has also directed all courts under its jurisdiction dealing with various offences to make sure that accused persons are not arrested unnecessarily by the police and magistrates do not authorize detention casually and mechanically. The police have also been directed not to automatically make an arrest while registering a case under Section 498-A of the IPC. Before arresting a person, the police shall first have to satisfy themselves about the necessity for arrest under the parameters laid down in the Amesh Kumar versus State of Bihar case, the High Court in its direction said. This order assumes a lot of significance because there have been several instances of police unnecessarily arresting and detaining people in the name of taking so-called action after registering a case. It was only in June this year that the Gauhati High Court reprimanded the police for detaining a lactating mother and her breastfeeding baby in the police station for six days without arresting them. In that particular case, the Dhubri police apprehended six people, including a lactating mother, on May 25, 2023, in connection with the shooting of a person called Baser Ali under the Bilasipara police station. It turned out, however, that the police, which failed to arrest the prime accused, instead picked up six people, including a lactating mother and her baby, and kept them in detention for six days. While the Dhubri incident is only one example of the highhandedness of the police in Assam, a proper survey will probably bring to light numerous such instances from across the state. What is now required is for the Government of Assam to ascertain that every police officer is made thoroughly aware of the directions of the Supreme Court and the Gauhati High Court in the shortest possible time so that accused persons are not unnecessarily harassed, detained, and arrested. It was worth noting that the High Court’s directions would not only apply to cases under Section 498-A of the IPC or Section 4 of the Dowry Prohibition Act but also to such cases where the offence is punishable with imprisonment for terms which may be less than seven years or which may extend to seven years, whether with or without a fine.