The Allahabad High Court has ruled that “irrational and indiscriminate arrests” constitute a gross violation of human rights, emphasizing that arrest should be the last resort, limited to “exceptional cases.”
A single bench of Justice Siddhartha made this observation during an anticipatory bail hearing for a man accused of cow slaughter, noting that arrests should only occur when custodial interrogation of the accused is necessary.
Granting anticipatory bail to Mohammad Tabish Raza, the judge stated, “After considering rival submissions, this court finds that there is a case registered or about to be registered against the applicant. It cannot be definitely said when the police may apprehend him.
“Once an FIR is lodged, the police can arrest at will, with no fixed period for apprehending an accused named in the FIR,” the court stated.
“The courts have repeatedly held that arrest should be the last option for the police and should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violations of human rights,” the court reiterated.
A case was registered against Raza at Lanka Police Station, Varanasi district, under sections of the Cow Slaughter Act, Section 11 of the Prevention of Cruelty to Animals Act, and Section 429 of the Indian Penal Code.
During the court proceedings, Raza’s counsel argued that this was his first implication and that he had been falsely implicated. The lawyer expressed a definite apprehension that Raza might be arrested at any time.
However, the government counsel opposed the prayer for anticipatory bail, citing the seriousness of the allegations against the applicant.
