The Madras High Court directed the Tamil Nadu government to frame appropriate guidelines for strict compliance with the procedures governing the arrest of women in police cases. Justice Anita Sumanth passed the direction while disposing of a petition filed by a woman journalist Salma who wanted the court to order for compensation and initiate action against police officials
CHENNAI: The Madras High Court directed the Tamil Nadu government to frame appropriate guidelines for strict compliance with the procedures governing the arrest of women in police cases. Justice Anita Sumanth passed the direction while disposing of a petition filed by a woman journalist Salma who wanted the court to order for compensation and initiate action against police officials arresting her on the night of September 25, 2012, on a complaint by an AIADMK functionary in Coimbatore for distributing pamphlets against the then Chief Minister. She alleged the police failed to follow the procedures of arrest laid down in section 46 (4) of CrPC.
While rejecting the plea for compensation since the respondent police have proved the arrest was made under exceptional circumstances, the judge said she leaves the legal question on the impact of the procedural irregularity on an arrest of a woman open to being determined in a more appropriate manner.
“I believe that it would be, in the fitness of things, for the authorities to apply their mind to this question and frame appropriate guidelines to ensure compliance with the mandate under section 46 (4) even in exceptional, urgent and emergent situations,” she said in a recent order. The judge directed the government to frame the guidelines and place them before the court within a period of eight weeks. The Supreme Court too has laid strict guidelines for effecting arrest in the DK Base case.
Referring to seeking prior permission, Justice Anita Sumanth said that in today’s times of advanced technology, permission can well be obtained electronically/digitally in an instantaneous manner and she wanted the government to frame suitable guidelines in this regard too. Additional Advocate General (AAG) P Kumaresan represented the Government and the Police. Demanding `25 lakh compensation and initiation action against the police officials, she filed by the writ petition.
