Accused who went to surrender held from jail compound; Delhi court calls it misadventure

In a bizarre case, Delhi police personnel were found to have allegedly impounded a murder accused from Tihar jail compound here when he came to surrender after taking permission from the court.

A Delhi court has taken a serious view of the police personnel for violating "procedural safeguards of arrest" and physical liberty of the accused for failing to disclose their identity.

"It is a clear case of misadventure on the part of investigating agency. The power of arrest with the police authority is given with responsibility as well as a sense of duty on their part. The power of arrest cannot in any manner be used as a force for threatening the accused," Tihar Court Complex duty magistrate Raghav Sharma said.

The court said while there is no doubt that the power of arrest is very much necessary for proper investigation of the case, but it has to be used with proper reasons and with proper adherence to the procedure established by law.

An application was filed by murder accused Karthik alias Madhav through advocate Anwar Ahmed Khan before Rohini court, which allowed him to go before the jail court, as the hearing was taking place through video conferencing due to Covid-19 pandemic.

On the filing of such an application, the jail magistrate asked the investigating officer of the case to be present on December 25, along with the report regarding the FIR.

However, on December 25, an application was filed on behalf of the accused by his counsel that two-three police personnel attacked him when he was coming to surrender before the jail court and not only manhandled him but also took him away in a car.

The court directed the DCP concerned "to sensitise the staff regarding the D K Basu judgement as well as the procedural requirements of arrest".

On Saturday, the court sent the accused in judicial custody.