Chennai: The State Human Rights Commission has observed that police should not arrest persons in a routine manner on a mere allegation of commission of an offence.
No arrest should be made without a reasonable satisfaction reached after some investigation by the police concerned, the commission said.
In the petition V. Nandamani, of Unamancheri Village, Kolapakkam, submitted that he was working as a quality supervisor in a pharmaceutical company at Bengaluru.
On October 10, 2010, Guduvancheri police arrested Elanchezhian and one Venkatesan in the village. However, the villagers vehemently opposed the arrest.
He said SI Govindaraj assaulted him and tortured him in police station without giving any medical aid. He was produced before the judicial magistrate-II, Chengalpet, and remanded to judicial custody. Eight days later he was released on bail.
He said without giving any valid reason the cops arrested him and tortured him. Hence he sought the commission to take action against the cop.
In his reply, Govindaraj denied the allegations. Nandamani and Venkatesan attacked Ganesan. Ganesan was admitted to hospital. A case was registered against Nandamani and Venkatesan and arrested them.
Judge D. Jayachandran has observed that no arrest could be made in a routine manner on a mere allegation of commission of an offence. It would be prudent for a police officer in the interest of protection of the Constitutional rights of a citizen. No arrest should be made without a reasonable satisfaction reached after some investigation. Denying a person of his liberty is a serious matter.
The arrest under cognizable offences cases may be considered justified. Except in heinous offences, arrest must be avoided. Judge directed Govindaraj to pay a compensation of '50,000 to Nandamani.
