It noted that even though police have also issued standing orders in this regard, the public appears to be ignorant of their rights
The Delhi High Court (HC) has directed the Centre and the Aam Aadmi Party (AAP) government to organise an awareness campaign, in order to inform the general public about their rights in the event of arrest or detention by the police in criminal cases.
A Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar observed that there were Supreme Court (SC) judgments stating that no automatic arrest or detention could be made by the police, even in non-bailable and cognizable offences. It noted that even though police have also issued standing orders in this regard, the public appears to be ignorant of their rights.
In its ruling, the SC had emphasised on the need of caution while exercising the drastic power of arrest, which has for years, been treated as a tool of harassment and oppression. "Respondents (Centre and Delhi government) shall ensure that steps are taken to disseminate information about the standing order setting up guidelines for arrest. The same should be published in the vernacular languages and circulated among public. A copy of this should be made available to every person upon arrest," the Bench stated.
It further said the Delhi Police Commissioner will also examine the possibility of creating a helpline number from where information regarding a person's arrest or detention could be made available to the family, relatives, and friends.
"This consideration shall be effected within four weeks and report in this regard shall be submitted before this court," it said.
The court's direction came on a plea by Subhash Vijayran, who had alleged that the governments were violating the mandate of Article 22(2) of the Constitution and taking advantage of the ignorance regarding the rights of the citizens.
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