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Showing posts from May, 2020

BALANCING NATIONAL SECURITY AND HUMAN RIGHTS- THE SUPREME COURT’S KATZENJAMMER IN THE UT OF J&K

While the internet has reduced the loneliness of lockdown for many, there are a few who do not have the luxury of internet yet. When some of those few registered their protest before the Apex Court of this country, our government submitted before the Hon’ble Supreme Court that the security of the nation should triumph against the fundamental rights of the citizens. The approach does not seem to be problematic provided the formula is applied in the most cautious and well-meaning manner. The legal safeguards envisaged under the Temporary Suspension of Telecom Service (Public Emergency or Public Safety) Rules, 2017 (‘Telecom Suspension Rules, 2017’) , framed under Section 7 of the Telegraph Act, 1885, have been taking the centrestage in such proceedings and must be strictly adhered to. The present post is an informative piece extracting the sum and substance of the Hon’ble Supreme Court’s judgment in ‘Foundation for Media Professionals vs Union Territory of Jammu Kashmir & Anr., (D N...

PART-V THE ARREST SERIES (WITH FOCUS ON THE CODE OF CRIMINAL PROCEDURE, 1973)

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This multi-part blogpost series is aimed at illuminating the most essential aspects of the police’s power to arrest any person. After discussing the circumstances where the police is empowered to arrest a person without warrant in the first and second posts, who can arrest without warrant in the third post , and the procedure and rights of arrestee just prior to and at the time of arrest in the fourth post , this is the fifth post of this series. In this post, I intend to discuss the procedure meant to be followed by the Police if the accused tries to evade the arrest.

PART-IV THE ARREST SERIES (WITH FOCUS ON THE CODE OF CRIMINAL PROCEDURE, 1973)

This multi-part blogpost series is aimed at illuminating the most essential aspects of the police’s power to arrest any person. After discussing the circumstances where the police is empowered to arrest a person without warrant in the first and second posts, and who can arrest in the third post , this is the fourth post of this series. In this post, I intend to discuss the pre-arrest procedure and the procedure meant to be followed by the Police at the time of the arrest (The procedure to be followed post-arrest shall be the subject matter of the s ixth post of this series).