Kerala High Court seeks explanation from magistrate for not following norms on remand
The Hindu
Ernakulam SI also served notice
A Division Bench of the Kerala High Court has sought an explanation from a judicial first-class magistrate in Ernakulam for remanding a woman and her colleague in judicial custody without considering the parameters laid down by the Supreme Court on the arrest and remand of the accused.
The Bench comprising Justice Alexander Thomas and Justice Shobha Annama Eapen also issued notice to SI of Elamakkara Police station, Faisal M.A., recently on a contempt of court petition filed by Gopika Jayan and her colleague Sudheekamal.
The court asked the High Court Registrar General to seek a report from the magistrate on how he could reach reasonable satisfaction while remanding the accused and why the arrest and remand of both the accused were highly imperative. According to the petition, Gopika had gone along with his colleague because of the harassment from her stepfather. The petitioners were arrested and remanded on the complaint of her mother regarding her missing from the home. The police later altered the FIR and proceeded under the provisions of the Juvenile Justice Act, alleging she had intentionally deserted her child and had gone to the residence of her colleague.
The Bench pointed out that in the Arnesh Kumar’s case, the Supreme Court had specifically directed that prior notice in terms of Section 41A of the Criminal Procedure Code (Cr. P.C.) shall be mandatorily served by the police on the accused within two weeks of the date of institution of the case. In the instant case, the issue of notice under section 41A was mandatory. Counsel for the petitioners submitted that no notice prior to the arrest was served on the petitioner by the police. Nor any reason had been cited for the arrest of the petitioners as mandated by the Supreme Court guidelines. The conduct of the police officers amounted to violation of the Supreme Court guidelines, making him liable for punishment under the Contempt of Courts Act.
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