Panel urges caution while making arrests
Cuttack: The high-powered committee formed to look into decongesting jails in the state has underlined the need for caution among police while making arrests during the lockdown.
Accordingly, the commission, headed by Acting Chief Justice of Orissa high court as the ex-officio executive chairman of Odisha State Legal Services Authority (OSLSA), has directed the principal secretary home department and registrar general of the high court “for ensuring strict adherence to the directions of the Supreme Court regarding arrest”.
The commission issued the direction while “addressing the concerns about overcrowding in jails due to continuing arrests in cases involving offences punishable with imprisonment below seven years”, at a meeting on Thursday.
During the meeting, DG (prisons) Santosh Upadhayay told the committee that 3,190 prisoners have been released on bail, 281 on special furlough and 10 on parole till April 15 in compliance with the Supreme Court orders.
On March 23, the Supreme Court had ordered all states to consider releasing some prisoners on parole to reduce overcrowding in prisons jails in the midst of Covid-19 pandemic. Each state was ordered to constitute a high-powered committee to decide on the matter.
In its direction on Thursday, the committee said it expects adherence to the Supreme Court guidelines regarding arrest and remand in Armesh Kumar Vs State of Bihar case (2014) in which the apex court had held that no arrest should be made in a routine, casual and cavalier manner or on a mere allegation of commission of offence made against a person.
The Supreme Court had directed that there should not be any automatic arrest/detention by the police even in non-bailable and cognizable offences and conditions precedent to making arrest/detention under the Code of Criminal Procedure must be satisfied.
EoM
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