The Allahabad High Court in the case Social Forum on Human Rights vs. State of U.P. and Another observed and has refused to entertain the petition moved by the NGO Social Forum on Human Rights, wherein challenging the alleged misuse of powers under the ‘Police Commissionerate System’ by the Uttar Pradesh police which is against social workers.
The bench comprising of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi in the case observed and has advised the Petitioner that persons facing actions as stated under section 107, section 116 and section 151 of the Code of Criminal Procedure, 1973 wherein alternate remedies are available to them and a PIL to this effect would not be maintainable.
The petitioner contended before the court that people have been illegally detained for not meeting the demands of police personnel. It was also alleged that the powers stated under section 107, section 116 and section 151 of the Code of Criminal Procedure, 1973.
Further, it has also been alleged by the said court that the guidelines for arrest and bail as laid down by the Supreme Court in the case Stayendra Kumar Antil v. CBI and Another and Arnesh Kumar v. State of Bihar and Another, were not being followed.
Therefore, there being the gross violation of fundamental rights of the persons being detained.
The petitioner in the plea also placed before the Court certain newspaper articles wherein it is stated that around 48% detenu were sent to jail in alleged threat of the breach cases and in the month of May there were about 500 persons who were sent to jail due to apprehension of threat of breach, without following the principles of natural justice.
It has also been states by the petitioner that the RTI had been filed through the organisation wherein seeking the details of the persons detained illegally. The court receive no such response from the concerned authorities. The petitioner in the plea seek a writ of mandamus wherein it directed the Commissioner of Police to produce the details of persons arrested by Police as stated under section 107, section 116, and section 151 of the Code of Criminal Procedure and also to protect the fundamental rights of those arrested.
The section 107 of the Code of Criminal Procedure provides the Executive Magistrate the power to issue show cause to a person who is likely to commit the breach of peace or disturb public tranquillity as to why bond should not be issued against him or her.
It has also been stated by the court that under section 116 of the procedure for the ‘inquiry as to the truth of information’ which has led to action against the said person.
The court stated the section 151 empowers police to arrest any person, for a period not exceeding for 24 hours on knowledge of design to commit a cognizable offence.
Accordingly, the court aggrieved should pursue individual and appropriate remedies in law.
