SC seeks states' response on misuse of powers of arrest for breach of peace

SC seeks states' response on misuse of  powers of arrest for breach of peace

The Supreme Court on Monday issued a notice to all states and Union Territories on a PIL highlighting misuse of power by executive magistrates to detain people on apprehension of breach of peace.

A three-judge bench presided over by Chief Justice Dipak Misra sought a response from all states' chief secretaries on the petition filed by Aldanish Rein.

Senior advocate and Additional Solicitor General Maninder Singh, appointed as amicus curiae, favoured revisiting the question of nature of proceedings under Section 107 (security for keeping peace), 111 (order to be passed) and 116 (inquiry) of the Criminal Procedure Code conducted before the court of special executive magistrates. He sought directions for including safeguards as otherwise it would result in chaos in the absence of provisions for bail or for production of the person before a judicial magistrate within 24 hours of detention.

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