R. K. Jayalakshmi, LL.B., Symbiosis Law School, Pune
Name of the case: RINI JOHAR & ANR. V. STATE OF M.P.
Citation: AIR 2016 SC 2679, (2016) 11 SCC 703
Judges: Dipak Misra and S.K. Singh
FACT IN ISSUE
Two women petitioners filed a writ suit with the Supreme Court challenging how they were arrested and the atrocities committed by the police that damaged their dignity. It was argued that Article 21 of the Indian Constitution was violated since the standards established by the Apex Court were broken and the petitioner's freedom was restricted. No notice was given to the petitioners as required by section 41-A of the CrPC, and the arrest did not comply with the rules of that section. One of the main causes of corruption in the police was the arbitrary use of the power of arrest, which was in the hands of the police, as an instrument of harassment and oppression. The petitioners further argued that they should be entitled to compensation if the Court finds such violations are indisputably illegal.
ARGUMENTS OF THE PETITIONER
The petitioners claimed that they were treated dishonourably, they were denied necessities like food, water, and medical attention, and forced to sleep on the floor of an unreserved train compartment. The legality of the arrest was contested along with claims that it was carried out by unauthorized officers.
It was submitted that the petitioners were not presented before a magistrate within 24 hours of their arrest. In addition, respondent 3 demanded money from the petitioners in exchange for their release.
It was imperative on the part of police to adhere to the procedure defined under Section 41-A of CrPC as Section 66-A(b) of the IT Act, 2000 provides a maximum sentence of 3 years, and Section 420 of IPC, stipulates a sentence of maximum 7 years.
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