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S. MOHAN, A. S. ANAND, M. N. VENKATACHALIAH
Joginder Kumar – Appellant
Versus
State Of U. P. – Respondent
Key Points: - The judgment emphasizes that arrest cannot be routine or based only on suspicion; there must be reasonable justification demonstrating necessity. (!) (!) - It articulates the right of an arrested person to have a friend/relative or known person informed of the arrest and to consult privately with a lawyer; requires informing the arrested person of this right and recording who was informed. (!) (!) (!) - It discusses balancing individual rights under Articles 21 and 22(1) with societal needs, referencing the need for guidelines to limit unnecessary arrests and to justify detention under specified criteria. (!) (!) (!)
ORDER
This is a petition under Art. 32 of the Constitution of India. The petitioner is a young man of 28 years of age who has completed his LL. B. and has enrolled himself as an advocate. The Senior Superientendent of Police, Ghaziabad, respondent No.4 called the petitioner in his office for making enquiries in some case. The petitioner on 7-1-1994 at about 10 Oclock appeared personally along with his brothers Sri Mangeram Choudhary, Nahar Singh Yadav, Harinder Singh Tewatia, Amar Singh and others before the respondent No. 4. Respondent No. 4 kept the petitioner in his custody. When the brother of the petitioner made enquiries about .the petitioner, he was told that the petitioner will be set free in the evening after making some enquiries in connection with a case.
2. On 7-1-1994 at about 12-55 p.m., the brother of the petitioner being apprehensive of the intentions of respondent No. 4, sent a telegram to the Chief Minister of U. P. apprehending his brothers implication in some criminal case and also further apprehending the petitioner being shot dead in fake encounter.
3. In spite of the frequent enquiries, the whereabouts of the petitioner could not be located. On the evening of 7
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