LI Network
Published on: 16 August 2023 at 11:12 IST
The Supreme Court stressed the non-negotiable importance of publishing serialized notices as per Section 41A of the Code of Criminal Procedure, 1973. Section 41A mandates that a notice be served to a person before their arrest for offenses punishable with imprisonment for less than seven years in Dr Ashwini Kumar V. Union of India (2016).
This provision was introduced as a procedural safeguard against unlawful arrest, aimed at protecting the rights of the arrestee.
The bench comprising Justices Sanjiv Khanna and SVN Bhatti was considering pleas filed by former law minister Ashwini Kumar and Senior Advocate Abhishek Manu Singhvi, addressing safeguards against custodial torture.
While Justice Khanna directed the matter’s hearing to be adjourned, he emphasized the necessity of a non-miscellaneous hearing for these cases. Kumar attempted to highlight that the raised issues required independent hearings but was informed that the court would hear him out entirely. The judge assured Kumar that the pleas would be heard together.
Later in the day, the bench briefly discussed the recently tabled bills in the Lok Sabha, aiming to replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act. However, Justice Khanna emphasized that these bills might take some time to be enacted.
The judges stressed the significance of procedural checks to prevent police abuse of power, particularly highlighting Sections 41 and 41A.
The requirement for notices under Section 41A, accompanied by serial numbers and online publication, was underscored as an essential protective measure.
The discussion unfolded during a session addressing Singhvi’s submissions. The senior counsel highlighted the lack of safeguards against custodial torture, particularly in the period before formal arrest. Singhvi referred to this as an ‘arrest before an arrest’ and called for improvements in this aspect.
The court adjourned the hearing, scheduling a re-listing in November. This case stems from the infamous case of the custodial deaths of P Jeyaraj and J Bennix in 2020, which spurred renewed attention on detainee rights.
Case Title: Dr Ashwini Kumar v. Union of India (2016)
