BADAR DURREZ AHMED, J (ORAL)

1. When this matter was taken up for hearing on the first occasion, i.e. on 20.08.2008, the counsel for the petitioner submitted that he does not press the challenge to the vires of Section 70 of the Delhi Police Act. He, however, prayed for framing of proper guidelines with regard to dealing with matters under Sections 107/151 of the Code of Criminal Procedure, 1973 and for strict compliance with the same. We find that this aspect of the matter has been adequately addressed by the Standing Order no. 189/2008 issued by the Commissioner of Police, Delhi, a copy whereof is at pages 175 to 178 of the paper book. The relevant portions of the said Standing Order are as under:- “

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Since these provisions relate to the liberty to a human being, the Special Executive Magistrate (SEM) is under obligation to hold an inquiry to satisfy himself regarding the existence of material justifying action under this section. Various Courts have issued guidelines regarding the exercise of powers under the above mentioned action. The Hon’ble High Court of Madhya Pradesh (Indore Bench) in Arursingh V. State of M.P. 1984 CRL.L.J. 1616 has given the