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Steps to rein in Punjab police


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http://www.tribuneindia.com/2005/20050907/punjab1.htm#36

Steps to rein in Punjab police

Tribune News Service

Chandigarh, September 6

The Punjab Chief Minister, Capt Amarinder Singh, today announced steps to curb the Punjab Police, saying anybody violating these direction would be dealt with sternly and claimed “there was no police raj in the state as being projected in some quartersâ€.

The Chief Minister also released a 14-point list of do’s and dont’s for the police which was like putting old wine in new bottle as most of these directions were taken verbatim from the D.K. Basu judgement of the Supreme Court in 1997. The gist of the D.K. Basu judgement is already known to the cops and is even pasted in the leading police stations.

Today the orders of Punjab say: Except in the case of heinous crimes or matters of grave threat to public persons and properties or disturbance of law and order and threat to national security, the police personnel will arrest a person after obtaining proper warrant of arrest from the court of competent jurisdiction.

In case, the person(s) to be arrested happen to be woman or a child they should not be detained in police stations unless otherwise directed by a court.

Police personnel carrying out and handling the interrogation of the arrested person should bear accurate, visible and clear identification and name tags with their designations.

A police officer carrying out the arrest will prepare a memo of arrest at the time of arrest and such memo will be attested by at least one witness, who may be either a member of the family of the arrested person or a respectable person of the locality. It will contain the time and date of arrest.

A person who has been arrested or detained and is being held in custody in police station or interrogation centre or other lock-up, will be entitled to have one friend or relative informed that he has been arrested and is being detained at the particular place.

The time, place of arrest and venue of custody must be notified by the police in case a friend or relative of the arrested person lives outside the district or town through the legal aid organisation in the district.

The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.

An entry must be made in the diary at the place of detention regarding the arrest of the person which will also disclose the name of the friend of the arrested person who has been informed. It will also have the names of police officials in whose custody the person is.

The arrested should be also examined at the time of his arrest and major and minor injuries, if any, present on his/her body must be recorded at that time.

The arrested should be subject to medical examination every 48 hours of his detention in custody by a doctor on the panel of approved doctors appointed by the Director, Health Services, of the state or union territory.

Copies of all documents, including the memo of arrest, should be sent to the Ilaqa Magistrate for his record.

The arrested person may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.

The information regarding the arrest and the place of custody of the arrested person should be communicated by the officer within 12 hours of the arrest to the police control rooms at all districts and state headquarters and it should be displayed on a notice board.

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