Date:11/10/2005 URL: http://www.thehindu.com/2005/10/11/stories/2005101105580500.htm

Other States - Haryana

Haryana DGP told to implement rights panel guidelines

Special Correspondent

`The dignity of the person being arrested should be protected' Guidelines on pre-arrest say the power to arrest without a warrant should be exercised only after a reasonable satisfaction is reached

CHANDIGARH: The Haryana Home Department on Monday instructed the Director-General of Police to strictly implement the guidelines issued by the National Human Rights Commission in 1999 relating to arrest. It has been made clear to the DGP that any violation of these instructions would be viewed seriously. These directions have been issued in the wake of telecast by television channels of a clip showing the beating up of a 14-year-old boy by the CIA Staff of Panchkula Police in April last.

Chief Minister Bhupinder Singh Hooda has ordered a CID enquiry into the incident which sent shock waves on Sunday. The guidelines on pre-arrest say the power to arrest without a warrant should be exercised only after a reasonable satisfaction is reached, after some investigation, as to the genuineness and bona fides of a complaint and a reasonable belief as to both the person's complicity as well as the need to effect arrest. Except in heinous offences, an arrest must be avoided if a police officer issues notice to the person to attend the police station and not leave the station without permission.

The power to arrest must be avoided where the offences are bailable unless there is a strong apprehension of the suspect absconding. Police officers carrying out an arrest or interrogation should bear clear identification and name tags with designations. The particulars of police personnel carrying out the arrest or interrogation should be recorded contemporaneously in a register kept at the police station. The use of force should be avoided while effecting arrest. However, in case of forcible resistance to arrest, minimum force to overcome such resistance may be used. However, care must be taken to ensure that injuries to the person being arrested, visible or otherwise, are avoided.

The dignity of the person being arrested should be protected. Public display or parading of the person arrested should not be permitted at any cost. Where children or juveniles are to be arrested, no force or beatings should be administered under any circumstance.