Allahabad HC Holds Police Officer Guilty Of Contempt For Violating 'Arnesh Kumar Guidelines', Sentences Him To 14 Day Imprisonment

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The Allahabad High Court last week sentenced a police officer to undergo simple imprisonment for 14 days after holding him guilty of contempt for deliberately bypassing the mandate of the Supreme Court in the case of Arnesh Kumar v. the State of Bihar.

As Per the Arnesh Kumar judgment, the arrest should be the exception where the offence is punishable with less than 7 years imprisonment, and notice for appearance under Section 41A CrPC should be served on the accused in such cases instead of arrest. The arrest can be made in exceptional circumstances in such cases, but the reasons must be recorded in writing.

In the instant case, the contemnor [Chandan Kumar, Incharge of Police Station, Kanth, District Shahjahanpur] though served a notice under Section 41-A Cr.P.C. on the accused, but, he had willfully and deliberately recorded in the GD that the accused declined to accept the terms and condition of the notice.

In fact, he tried to give a communal colour to the matter by stating that since the accused belongs to a Muslim community and therefore, there was an apprehension of communal riots, if he was not arrested.