HHRC seeks report from SP over 'illegal detention' at police station

The Haryana Human Rights Commission (HHRC) has sought a report from the Superintendent of Police (SP), Bhiwani, regarding the alleged illegal detention of a person at a police station.

In a complaint lodged with the commission, Ashok Kumar, a resident of Dhana Janga village in Bhiwani district, stated that his brother, Jagjeet, had lodged a false complaint at Sadar police station, Bhiwani.

Acting upon that complaint, the SHO (Sadar), Bhiwani, told ASI Virendra Singh to inquire into the matter.

On June 13, ASI Virendra Singh summoned the complainant to Sadar police station, Bhiwani, and threatened him over the phone.

Upon reaching the police station, the complainant was allegedly subjected to intimidation and made to sit there from morning to evening without any formal arrest.

After a medical examination, he was lodged in a lock-up, and a case was registered against him under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which the complainant referred to as Sections 107/151 CrPC). He remained in custody overnight and was produced before the Sub-Divisional Magistrate the following day.

The complainant has requested appropriate action against the erring police official ASI Virendra Singh.

Justice Lalit Batra, Chairperson of the Haryana Human Rights Commission, observed that Sections 107 and 151 of the CrPC have been replaced by Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which serve the same purpose of preventing imminent harm and ensuring public safety.

"The Supreme Court, in the case of “Rajender Singh Pathania & Others vs State (NCT of Delhi & Others)”, while interpreting Sections 107 and 151 of the CrPC, observed that these provisions are preventive in nature and not punitive. Section 151 should be invoked only when there is an imminent threat to peace or when a person designs to commit a cognisable offence. Any arrest under this provision must satisfy the conditions that the officer has knowledge of the design to commit an offence and that such an arrest is necessary to prevent its commission. Otherwise, the arresting officer may be liable for violating the fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India," he maintained.

The commission has sought a detailed report on the basis of summoning, alleged unlawful detention/prolonged stay at the police station, necessity of arrest/preventive measures and conduct of the investigating officer, including alleged threats, detention and any procedural lapses.

Dr Puneet Arora, Protocol, Information and Public Relations Officer of the Haryana Human Rights Commission, informed that Justice Lalit Batra has directed the Superintendent of Police, Bhiwani, to submit a detailed report on the above points through the Director of Investigation of the Commission before December 17, the next date of hearing.