No arrest should be made just because it is lawful for the police officer to do so….existence of power is one thing justification for its exercise quite another. So said the Hon’ble Supreme Court about two decades back in Joginder Kumar vs State – but this mandate has been observed more in its disregard by the police…. recent incidents (see 66A IT Act – facebook/twitter arrests) show how the otherwise indolent police turns an docile servant forever at the beck and call of the criminal – mighty – powerful – rich and politically connected. The police cannot even explain much less justify the recent arrests, and thousands of such arrests are made day in and day out across the country for ulterior motives and illegitimate gains.
Unless police in this country turns honest, objective and humane – law, order and criminal justice would be in tatters – for how long shall the courts guard the guards. When the proverbial fence starts eating the crops.
……..Musings on Criminal Justice – Advocate Bharat Chugh