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Delhi Court Pulls up Police For Arresting Woman Sometime 'After Sunset and Before Sunrise'

An assistant sub-inspector (ASI) by the name of Rajender Singh had arrested a woman, identified as Seeta, at 2 am over the alleged possession of illegal liquor.

Souvik Mitra | CNN-News18

Updated:October 3, 2019, 3:15 PM IST
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Delhi Court Pulls up Police For Arresting Woman Sometime 'After Sunset and Before Sunrise'
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A Delhi court on Thursday pulled up the Delhi Police over the illegal arrest of a woman in North Delhi's Timarpur as she was apprehended in the hours between midnight and dawn.

An assistant sub-inspector (ASI) by the name of Rajender Singh had arrested a woman, identified as Seeta, at 2 am over the alleged possession of illegal liquor. The court has now asked Deputy Commissioner of Police (DCP) North to file a reply over the illegal arrest. The ACP and the investigating officer have also been asked to file a reply before the court.

"No woman shall be arrested after sunset and before sunrise and where such exceptional circumstances exist, a woman police officer shall make a written report and take the prior permission of the Judicial Magistrate," said Niti Suri Mishra, the Metropolitan Magistrate at the Tis Hazari court.

"The case diary also stated that the ASI thereafter produced the accused at 4 am on the same day," the Magistrate said in the order. Citing section 46 (4) CrPC the Metropolitan Magistrate then castigated the ASI.

The magistrate further noted that the arrest was a violation of the statutory rights of the accused and also was in violation of Article 21 of the constitution, which guarantees the protection of life and personal liberties.

"Let a notice be issued to ACP Operation Cell North, DCP North and ASI Rajender Singh to explain why the illegal arrest was made," noted the magistrate. The woman accused further granted bail by the court.

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