HC notice to SHO over ex-MP’s detention in Jammu
The high court of Jammu and Kashmir and Ladakh on Tuesday issued a notice to a police officer who had allegedly detained former MP Sheikh Abdul Rehman on October 20.
The petitioner alleged that at the police station, the SHO exhibited “disrespectful conduct and did not disclose the ground of arrest.
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Justice Puneet Gupta issued the notice to Pir Mitha station-house officer (SHO) Rashid Choudhary in connection with a contempt petition filed by Rehman. Choudhary has been directed to file a response on or before the next date of hearing.
The 91-year-old politician sought contempt proceedings against Choudhary over “his wilful defiance of a 1996-Supreme Court judgement.” On December 18, 1996, the apex court had laid down more than 10 guidelines needed to be followed by police while arresting or detaining a citizen, including preparation of an arrest memo and informing the detainee about the grounds of arrest or detention.
Sheikh Shakeel Ahmed, appearing for the petitioner Rehman, submitted that around 10.30pm on October 20, the SHO and police team came to Rehman’s house and told him that he had to be taken to the Pir Mitha police station.
The former MP alleged despite being asked repeatedly by the family members, the SHO refused to disclose the reasons for the arrest.
The petitioner alleged that at the police station, the SHO exhibited “disrespectful conduct and did not disclose the ground of arrest.”
In the 1996 judgement in DK Basu and another versus West Bengal and another case, the SC looked into the rise in cases of illegal arrest and custodial torture. The apex court ruled that failure to comply with the guidelines would render the official concerned liable for departmental action and contempt of court proceedings.
