26 March 2025 Police Action >> Criminal Law  

In Vijay Pal Yadav v/s Mamta Singh & Others., the petitioner alleged mistreatment and physical abuse by the police during an investigation of a dispute with his neighbor, claiming a violation of arrest guidelines established in Arnesh Kumar. His brother's email and the subsequent FIR lodged against him hours later supported these claims. The Supreme Court, after reviewing the case and hearing the Director General of Police, Haryana, present in response to an earlier order, found evidence of police high-handedness.

While choosing to close the proceedings due to the ongoing police case, the Court strongly cautioned the concerned police officers against future misconduct and directed the Director General to ensure zero tolerance for any abuse of authority. The Court also expressed serious concerns about the perfunctory manner in which the checklist under Section 41(1)(b)(ii) of the Code of Criminal Procedure, 1973, was filled. It emphasized the obligation of Judicial Magistrates to diligently review these checklists.

The Court reiterated the importance of upholding the dignity and legal safeguards of individuals, even those accused of crimes, referencing previous judgments including D.K. Basu and Somnath. It directed the registry to circulate copies of this order and the Somnath judgment to the Directors General of Police of all States and Union Territories as a reminder to strictly adhere to all safeguards for persons in custody.

Section 41., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973