(1141)
Haryana Government Gazette
Published by Authority
© Govt. of Haryana
No. 40–2023]
CHANDIGARH, TUESDAY, OCTOBER 3, 2023 (ASVINA 11, 1945 SAKA)
PART III
Notifications by High Court, Advertisement, Notices and Change of Name etc.
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Notification
The 22nd September, 2023
No. 159 Gaz.II(17).— In pursuance of the directions given by Hon'ble Supreme Court of India, in judgment
dated 31.07.2023 passed in Criminal Appeal No. 2207 of 2023 arising out of SLP (Crl.) No. 3433 of 2023 titled as
"Md. Asfak Alam Versus The State of Jharkhand & Anr.', following guidelines are framed by the High Court of
Punjab and Haryana at Chandigarh to ensure that police officers do not arrest the accused unnecessarily and the
Magistrates do not authorize detention casually and mechanically:
1.
The law as laid down in the judgment titled as ‘Arnesh Kumar versus State of Bihar and another’ reported as
(2014) 8 SCR 128 shall be strictly followed.
2.
In terms of the judgmnent in Md. Asfak Alam (supra), the State Government shall instruct its police officers
not to automatically arrest when a case under Section 498-A Indian Penal Code is registered but to satisfy
themselves about the necessity for arrest under the parameters flowing from Section 41 of Code of Criminal
Procedure, 1973.
3.
All police officers will be provided with a check list containing specified sub-clauses under Section 41(1) (b) (ii)
Code of Criminal Procedure, 1973.
4.
The police officer shall forward the check list duly filled and furnish the reasons and materials which
necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention.
5.
The Magistrate while authorizing detention of the accused shall peruse the report furnished by the police
officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention.
6.
The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the
institution of the case with a copy to the Magistrate which may be extended by tne Superintendent of Police of
the district for the reasons to be recorded in writing;
7.
Notice of appearance in terms of Section 41-A of Code of Criminal Procedure, 1973 be served on the accused
within two weeks from the date of institution of the case, which may be extended by the Superintendent of
Police of the district for the reasons to be recorded in writing;
8.
Failure to comply with the directions aforesaid apart from rendering the police officers concerned liable for
departmental action, they shall also be liable to be punished for contempt of court to be instituted before the
High Court having territorial jurisdiction;