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Use camera to record manner of arrest: Karnataka high court tells police
In a June 24 order, a single judge Karnataka high court bench of Justice Suraj Govindaraj directed state police chief Praveen Soodto provide body cameras to all officials entitled to arrest a person.
The Karnataka high court has awarded a compensation of ₹2 lakhs to an accused who was handcuffed and allegedly paraded by the police. The court has also issued specific guidelines on the grounds for handcuffing a person.
In a June 24 order, a single judge bench of Justice Suraj Govindaraj directed state police chief Praveen Soodto provide body cameras to all officials entitled to arrest a person.
“The Director-General of Police shall also endeavour to make available body cameras to all the police officers entitled to arrest a person so that the manner of arrest is recorded by such body cameras,” the court stated in its order, which was released on Wednesday. HT has seen a copy of the order.
Further, the single-Judge bench said that the camera shall have a microphone to record the conversation and the recording (both video and audio) shall be retained for at least one year.
“It is only under extreme circumstances that handcuffing of an accused can be resorted to. When such handcuffing is made the arresting officer is required to record the reasons for handcuffing, which would have to sustain the scrutiny of the Court,” the court said.
“A Standard Operating Procedure shall be prepared by the Director-General of Police in this regard and suitable training to be provided to such officers,” the court said in its order.
The Judge was pronouncing the verdict in a case relating to a law student, Surpit Ishwar Divate, studying in Shikshan Parasrak Mandal’s Law College in Raibagh.
According to the filings in the court, Divate was returning from an exam when police arrested him in the marketplace of Ankali in Chikkodi taluk of Belagavi district. He was handcuffed, paraded, and taken on a public bus to the Chikkodi police station.
In a dispute over a mortgage deed with another person named Babu Annappa, Divate was facing cases under section 138 of the Negotiable Instruments Act for dishonouring cheques. Five Criminal cases had also been filed against him, and a non-bailable warrant was issued against him. He was arrested in this connection.
The student had approached the court seeking ₹25 lakhs compensation for being handcuffed and paraded by the police.
The court directed that no person, whether an undertrial, accused or convict, shall be handcuffed unless the reason for the same is specified in the case diary.
The HC also said that it would be the duty of any court to inquire if the person was brought in handcuffs and ascertain the reasons for the same. In the case of an under-trial prisoner, the relevant authorities would have to take prior permission to use handcuffs.
“If no such permission is applied for and under trial prisoners were to be handcuffed, the concerned police officer would be taking a risk of such handcuffing being declared illegal and action being taken against them,” according to the order.
Therefore, “the arrest being proper; the only question being handcuffing of the petitioner not being required, I deem it fit to award a sum of ₹2 lakhs as compensation to the petitioner payable by the state within six weeks,” the court said.
While disposing of the case, the Judge said that the case would be heard again on November 7 this year to check the compliance of the directions to the police by the HC.
