Press conference on attack on human rights activist.
Credit: PTI photo
A complaint has been filed against Delhi Police for allegedly trespassing into the house of Bengaluru-based human rights activist Nadeem Khan, and attempting to arrest him without an arrest warrant or other relevant documents. The complaint, lodged at Sampigehalli police station by Khan’s family, accuses the police team of intimidating him for five hours to coerce him into accompanying them to Delhi. The Association for the Protection of Civil Rights (APCR) where Khan serves as a national general secretary has said that the manner of this “raid, harassment and inquiry” without following due process raises questions about the intent and legality of the police action. While promising to cooperate in any lawful inquiry, the association has called for transparency and accountability from the authorities.
The legal framework for inter-state arrests is clear. When a person is accused of a crime in one state but resides in another, the police must first obtain a warrant from a court in the state where the alleged offence took place. Additionally, the local police of the state where the arrest is to be made should be informed. This ensures proper oversight and prevents arbitrary or unlawful actions. In Khan’s case, this procedure was not followed. Instead, Delhi Police acted in a whimsical manner, raising concerns that this could be a continuation of the troubling pattern of legal overreach. In February 2021, Delhi Police arrested climate rights activist Disha Ravi in Bengaluru and invoked stringent charges against her. The court, however, released her on bail noting that there was “not an iota of evidence” linking her to the crime. The case highlighted the police’s tendency to misuse their powers based on flimsy evidence and political motivations rather than following due process.
Grey areas in inter-state arrest procedures should not be exploited for political gain or used to intimidate dissenting voices. The Union Ministry of Home Affairs should ensure that Delhi Police strictly adheres to the constitutional and legal frameworks. While it is essential to hold perpetrators of serious crimes accountable, the abuse of legal processes by law enforcement agencies undermines individual freedom and the rule of law. The BJP government in Karnataka had previously failed to intervene in the case of Disha Ravi, who spent several days in jail for no fault of hers. At least now, Home Minister G Parameshwara should take up the matter with the centre to ensure that all police actions – particularly inter-state arrests – are conducted within the bounds of the law. This is crucial for upholding a fair and transparent justice system where the rights of all citizens are respected and protected.