Chandigarh, Oct 22 (NationPress) The Haryana Human Rights Commission has taken a serious stance regarding claims of illegal detention by the police involving an individual. The commission has requested a comprehensive report from the Superintendent of Police in Bhiwani. Quoting a ruling from the Supreme Court, Commission Chairperson Justice (Retd) Lalit Batra noted that Sections 107 and 151 of the CrPC are designed to be preventive and not punitive.

Justice Batra stated, “Section 151 should only be employed when there is a clear and present danger to public peace or when an individual intends to commit a cognizable crime. Any arrest under this section must meet specific criteria, including the officer's awareness of the intent to commit an offence, making such an arrest necessary to avert its occurrence.

Should these conditions not be met, the arresting officer may be held accountable for infringing upon the fundamental rights enshrined in Articles 21 and 22 of the Constitution of India,” the Chairperson remarked.

Furthermore, Justice Batra highlighted that the aforementioned sections of the CrPC have been superseded by Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita of 2023, which aim to prevent imminent threats and maintain public safety.

This action by the commission follows a complaint lodged by Ashok Kumar, a resident of Dhana Janga village in Bhiwani district. He alleged that his brother, Jagjeet, filed a fraudulent complaint, which led to the Station House Officer of Police Station Sadar in Bhiwani directing Assistant Sub-Inspector (ASI) Virendra Singh to investigate.

After undergoing a medical examination, the complainant was charged under Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (which he mistakenly referred to as Sections 107 and 151 of the CrPC). He spent the night in custody and was presented before the Subdivisional Magistrate the following day.

The complainant has demanded appropriate action against ASI Virendra Singh for his conduct.

In light of the complaint, the commission is seeking an in-depth report regarding issues of summoning, unlawful detention or extended confinement, the necessity of the arrest, and the behavior of the Investigating Officer.

The commission has scheduled the next hearing for December 17.

Puneet Arora, the Information and Public Relations Officer for the rights commission, mentioned that Justice Batra has instructed the Superintendent of Police of Bhiwani to provide a detailed report through the Director of Investigation of the commission prior to the upcoming hearing.