The Delhi High Court recently directed the Director General of Police (DGP) in Uttar Pradesh to submit a report regarding a case in which the Uttar Pradesh Police allegedly made an arrest in Delhi without notifying the local police.
The bench, comprising Justices Pratibha M Singh and Rajneesh Kumar Gupta, issued the directive following a legal challenge that raised concerns about the violation of the proper legal procedures in the arrest made on February 18, 2023.
The arrest occurred in Connaught Place, a prominent area in central Delhi, where the Uttar Pradesh police detained a person, allegedly without prior information to the Delhi Police.
The detainee was later released by a Uttar Pradesh court on February 19.
This prompted the legal challenge as the petitioner’s legal counsel, Vishal Gosai, argued that the authorities conducted the arrest without following proper protocols, including informing the local police.
The High Court’s ruling emphasized that arrests conducted in another state should follow specific legal protocols and should involve coordination between the local police forces.
The judges raised concerns over the violation of these norms, stressing that an arrest made in Delhi by an out-of-state police force, without informing the local police, could undermine judicial transparency and safety.
During the proceedings, the counsel for the petitioner pointed out that the Uttar Pradesh Police did not summon the petitioner, Satinder Singh Bhasin, to record his statement before the arrest, highlighting a significant lapse in the standard procedure.
The High Court, in its ruling, noted that such actions could potentially compromise an individual’s rights and the legal sanctity of the arrest.
The High Court underscored the necessity for law enforcement agencies to adhere to established procedures while making arrests, particularly in cases involving inter-state jurisdiction.
The judges directed the Uttar Pradesh DGP to submit a report that would address the concerns raised regarding the arrest, and the proper following of legal protocols, to ensure no procedural violations occurred during the detention.
Additionally, the court called for the Greater Noida Police Commissioner to submit a status report on the issue as well.
This ruling highlights the importance of maintaining legal order and transparency across jurisdictional boundaries and the need for collaboration between local law enforcement agencies to uphold the integrity of the judicial process.
The case brings to light the need for strengthening inter-state communication and procedural clarity in arrest cases, ensuring that legal frameworks protect both the rights of individuals and the rule of law in criminal justice.
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