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TMI Blog2022 (3) TMI 1371X X X X Extracts X X X X X X X X Extracts X X X X ..... st memo, are directed towards transparency and accountability in the powers to arrest and detain. These safeguards flow from the fundamental rights guaranteed in Articles 21 and 22 respectively of the Constitution of India. The life and liberty of a person is secured under Article 21 and supplemented by Article 22 that provides key protection against the arbitrary arrest or detention to every arrested person. Issue Notice returnable on 24.3.2022 - Respondent No.2 shall present himself before this Court along with the Corpus at 11:00 a.m. tomorrow. - R/SPECIAL CRIMINAL APPLICATION NO. 3089 of 2022 - - - Dated:- 23-3-2022 - HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MRS. JUSTICE MAUNA M. BHATT Appearance: MR BHADR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd final disposal of this petition, be pleased to direct the Respondent No.2 to 5 to produce Respondent No.6, brother of the Petitioner, before this Hon ble Court, who is kept under illegal and wrongful confinement of the Respondent No.2; (C) To pass any other and further orders as may be deemed fit and proper. 4. We have heard learned advocate Mr. Bhadrish Raju assisted by learned advocate Mr. Ruchit Vyas for the petitioner. Learned advocate urged that the Apex Court in the case of D.K.Basu vs. State of W.B. reported in (1997) 1 SCC 416 has already laid down the requirement of principles laid down here to govern all enforcement agencies which would also apply to the GST Officials. He has further urged that these guidelines al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t memo is mandatory. At this stage, we may state the guidelines issued by the Supreme Court in D.K. Basu (supra): (1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register. (2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present on his/her body, must be recorded at that time. The Inspection Memo must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee. (8) The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory, Director, Health Services should prepare such a panel for all Tehsils and Districts as well. (9) Copies of all the documents including the memo of arrest, referred to above, should be sent to the Illaqa Magistrate for his record. (10) The arrestee may be permitted to meet his lawyer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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