Chennai: The civil society termed the arrest of the quartet unfair besides asserting the violation of the Supreme Court’s direction on unmindful arrest, on Wednesday
Four members of a family were booked under sections 294(b) (use of obscene words in public), 341 (wrongful restraint), 355 (assault) and 506(part 1) (criminal intimidation) of IPC (Indian Penal Code) for indulging in a fisticuff with MTC crew members.
A senior police officer, who faulted the family, claimed that the family was booked under non-bailable provision of law, and could not be enlarged on station bail.
“We produced them before the magistrate who would take a call on whether or not to send the accused to judicial custody,” he said.
The official parried the question as to why they budged to the mere demand of the trade unions without pursuing the woman’s complaint against the MTC crewmember.
LPF-MTC general secretary K. Natarajan, when contacted, rued that they were forced to act on this one since the assault took place at the work place.
“The management will initiate disciplinary proceedings against the MTC staff, otherwise,” he noted.
“Normally, we do not back such personal clashes. The conductor had been treated for his injury and had been asked to come for a review later,” he added.
The apex court, in the case of Arnesh Kumar vs State of Bihar on 2 July, 2014, in its order, directed that arrest was unwarranted in any offence which is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.
“Failure to comply with, the police officers concerned are liable for departmental action, besides prosecuted for contempt of court to be instituted before high court having territorial jurisdiction. Authorising detention without recording reasons as aforesaid by the judicial magistrate concerned shall be liable for departmental action by the appropriate high court”, Henri Tiphagne, Executive Director of People’s Watch, told Deccan Chronicle.
