Without going into the details of the allegations and the contents of the Police version in the FIR, the question here is whether the specific matter of sudden and surprise arrest of Mr. Jitender Singh Tomar, ex-Minister, Government of NCT of Delhi, is a contempt of Supreme Court of India by Delhi Police right under its nose after the judgment of Supreme Court in Arnesh Kumar vs. State of Bihar and Anr on July 2, 2014, which is not only applicable to matrimonial disputes but widely covers the arrests in all of the sections of IPC where maximum punishment is equal and upto 7 years with or without fine, where it is ordered the compliance of section 41 CrPC as must with the maintenance of a checklist for recording the reasons of arrest as per the section 41 (b) CrPC, where a notice for appearance has to be sent to the accused after registration of FIR beforehand as per the 41A CrPC, with the necessity even for the magistrate authorizing further detention of the accused to check the above compliance and recording the need for any detention, if allowed, as per the provisions of 41 CrPC? There were clear orders in writing by the Apex Court that all the noncompliance to same would be seen as contempt on the part of the police officers and would also warrant the departmental action even towards the magistrate concerned. If there is any violation, as it looks prima facie, then the fact of it been happened in the National Capital makes it more grave and thus a suitable case for suo-motto or otherwise be taken to the court in this regard .. #Kanwal
by अहं सत्य
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