Allahabad HC Sentences Police Officer To Undergo 14 Day Imprisonment For Violating Arnesh Kumar Guidelines On Arrest

In a judgment that bolstered the cause of rights of accused, the Allahabad High Court held a police officer guilty of contempt of court for not following the guidelines on arrest laid down in Supreme Court judgment in Arnesh Kumar v. State of Bihar (2014) 6 SCJ 219.

The contemnor, in-charge of Police Station, had served a notice under Section 41-A of the Criminal Procedure Code (Cr.P.C.) 1973 on the accused but he willfully and deliberately recorded in the General Diary (GD) that the accused declined to accept the terms and conditions of the notice.

The contemnor also attempted to give a communal colour by stating that the accused belonged to the Muslim community and therefore there was an apprehension of communal riots. However, the Court noted that no such apprehension existed.

Section 41A Of Cr.P.C. And Arnesh Kumar Judgment

Section 41A prescribes sending notice to a person accused of a cognisable offence to appear for the purposes of investigation. In the Arnesh Kumar judgment, the Apex Court had stated that a mandate was cast upon the police to comply with Section 41A Cr.P.C. in all cases that provided for less than seven years of imprisonment.

Contemnor Bypassed Mandate Of Judgment

The Court observed that the misleading GD entry was made to bypass the mandate of Arnesh Kumar. 

Apology In Contempt Is Last Resort 

The Court, in consideration of the apology tendered by the contemnor, observed that, "Apology means regretful acknowledgement or an excuse for failure. It is an explanation offered to a person affected by one's action that no offence was intended. Further held apology should be unquestionable in sincerity and tempered with sense of genuine remorse and repentance, and not as calculated strategy to avoid punishment. The apology tendered by the contemnor is a matter of last resort, therefore it cannot be accepted."

Taking Sympathetic View Is Not In Public Interest 

The Court also held that, "in the event of the court taking a sympathetic view, it would not subserve the public interest and the administration of justice."

Direction To Undergo 14 Day Imprisonment

The Court ordered that Shri Chandan Kumar, in-charge of Police Station, Kanth, District Shahjahanpur, was sentenced to undergo simple imprisonment for 14 days and fine of Rs. 1000/- was also imposed.

The sentence was, however, kept in abeyance for 60 days for the contemnor to prefer an appeal under Section 19 of Contempt of Court Act 1971.