HC asks DGP for action against 2 police officers for violating SC guidelines on judicial officer’s arrest
AGARTALA: The Tripura High Court on Wednesday directed the Director General of Police (DGP) to take stern action against two police officers after they were found guilty on the charge of arresting a judicial officer, violating the guidelines laid down by the Supreme Court.
The duo police officers were identified as Inspector Subrata Chakraborty and his deputy officer Jyotish Chandra Saha. The accused police officer, also Officer in-Charge of New Capital Complex – Subrata Chakraborty arrested First Class Judicial Magistrate, Bishalgarh Sub Divisional Court on June 6, this year for driving recklessly in an intoxicated condition.
Later, the judge was kept in the police lock up, but the police neither sought permission from the district session court nor informed his family members.
When the incident came to light, the High Court took a suo motto case and asked the West Superintendent of Police (SP) – Bijoy Nag and Officer in Charge o to explain the reason for violating the SC's guidelines by arresting the judicial officer.
The Division Bench comprising of Chief Justice Deepak Gupta and Justice SC Das served a notice to the Chief Secretery and the DGP to let the HC know whether they have circulated the Supreme Court's guidelines regarding arrest of a judicial officer to all the police stations or not.
According to the Supreme Court's guidelines in 1991, a judicial officer can be arrested for any offence under intimation to the District Judge or the High Court, if necessary, only a formal arrest may be affected.
If the judicial officer is arrested, he should not be taken to a police station and no handcuffing without prior order or directions of the District and sessions Judge of the concerned district.
The judicial officer should get facilities to communicate with his family members, legal advisors and other judicial officers including the District and sessions Judge.