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TMI Blog2005 (3) TMI 821X X X X Extracts X X X X X X X X Extracts X X X X ..... rocedure is concerned the High Court has noticed the fact that the prayer for declaring the provision as unconstitutional is not supported by factual assertions and the writ petition lacked specific averments and allegations of fact on the basis of which it was contended that the provision was ultra vires and unconstitutional. However, the High Court considered the arguments addressed before it and rejected the same holding that the powers conferred upon the police authorities under Section 151 of the Code of Criminal Procedure were well defined, and guidelines for their exercise are also found in the provision so as to save it from the charge of being either arbitrary or unreasonable. The detention under Section 151 of the Code of Criminal Procedure was only for a limited period of 24 hours for the purpose mentioned therein and the said provision, therefore, offended no provision of the Constitution. So tar as the criminal proceedings pending against the petitioner are concerned, they were sought to be challenged on the ground of being mala fide, an abuse of the process of Court and being untrue and unfounded. The High Court after considering the facts of the case came to the conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hours from the time of his arrest unless his further detention is required or authorized under any other provisions of this Code or any other law for the time being in force. 5. A mere perusal of Section 151 of the Code of Criminal Procedure makes it clear that the conditions under which a police officer may arrest a person without an order from a Magistrate and without a warrant have been laid down in Section 151. He can do so only if he has come to know of a design of the person concerned to commit any cognizable offence. A further condition for the exercise of such power, which must also be fulfilled, is that the arrest should be made only if it appears to the police officer concerned that the commission of the offence cannot he otherwise prevented. The Section, therefore, expressly lays down the requirements for the exercise of the power to arrest without an order from a Magistrate and without warrant. If these conditions are not fulfilled and, a person is arrested under Section 151 of the Code of Criminal Procedure, the arresting authority may be exposed to proceedings under the law. Sub-section (2) lays down the rule that normally a person so arrested shall be detained in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndered..... 7. This Court laid down certain requirements in Joginder Kumar (supra) for effective enforcement of the fundamental rights inherent in Articles 21 and 22(1) ff the Constitution of India which require to be recognized and scrupulously protected. The requirements laid down are as follows:- 1. An arrested person being held in custody is entitled, if he so requests to have one friend, relative or other person who is known to him or likely to take an interest in his welfare told as far as is practicable that he has been arrested and where he is being detained. 2. The police officer shall inform the arrested person when he is brought to the police station of this right. 3. An entry shall be required to be made in the diary as to who was informed of the arrest. These protections from power must be held to flow from Articles 21 and 22(1) and enforced strictly. It shall be the duty of the Magistrate, before whom the arrested person is produced, to satisfy himself that these requirements have been complied with . 8. In D.K. Basu v. State of West Bengal 1997CriLJ743 this Court has issued requirements to be followed in all cases of arrest and detention till lega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 State or Union Territory concerned. 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 during interrogation, though not throughout the interrogation. (11) A police control room should be provided at all district and State headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board. 9. These requirements are in addition to the constitutional and statutory safeguards and do not detract from various directions given by the Courts from time to time in connection with the safeguarding of the rights a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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