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Avoid arresting first-time offenders: Panel
The panel has additional chief secretary, home, jails and administration of justice, Vijai Vardhan and director general of prisons K Selvaraj as members
A high-powered panel headed by Punjab and Haryana HC judge Justice Rajiv Sharma has advised the Haryana Police to avoid arresting the first-time offenders, who are booked for offences punishable with up to seven years of imprisonment, during the coronavirus crisis. Some of the Indian Penal Code offences attracting imprisonment of seven years or less include voluntarily causing hurt, criminal breach of trust and cheating among others.
The committee was formed on the directions of the Supreme Court to implement its directions to control the spread of Covid-19 inside prisons. The panel has additional chief secretary, home, jails and administration of justice, Vijai Vardhan and director general of prisons K Selvaraj as members.“Probing officer may be advised to avoid arresting first-time offenders unless it is utmost necessary for the purpose of investigation. Police commissioners and SPs be asked to monitor such cases,” the committee decided after holding a video- conference last week.
A three-member SC bench had on March 23 also said that the states and UTs could consider the release of prisoners who have been convicted or are undergoing trials for offences punishable up to seven years.
The apex court had also directed the high-powered committee to take into account the directions contained in its July 2014 order in Arnesh Kumar vs State of Bihar. Listing out a series of checks, a division bench of the Supreme Court had in the 2014 judgment said their endeavour is to ensure that police officers do not arrest accused unnecessarily and magistrate do not authorise detention casually and mechanically.
The panel also decided that those in judicial custody awaiting filing of challan and have been booked for any offence punishable for imprisonment up to seven years (except those involved in multiple cases or convicted under the NDPS Act, IPC’s Section 379-B, Pocso Act and other serious acts) may be released on interim bail for six weeks which may be extended till eight weeks.
