An advisory was issued by the P&H high court that unless there are extraordinary circumstances, nobody is to be arrested. It was not an absolute ban.
Order CWP–PIL-77-2021 clarity
Can a PO be arrested despite order CWP–PIL-77-2021 by Hon. Punjab and Haryana High court suggests that police should desist arresting anyone due to Covid Pandemic till Sep 15th. Section viii of the order mentioned below - "viii - that unless there is necessity of arrest for maintenance of law and order or any other emergent case, in a cognizable offence prescribing sentence up to seven years imprisonment, the police shall desist from arresting the accused up to 30th of June, 2021, without complying with the provision of Section 41A, Cr.P.C. This however may not be understood as an interdict on the power of the police to arrest, but should only be considered a mere advisory in the face of the ongoing crisis following second wave of Coronavirus"
Asked 4 years ago in Criminal Law
Religion: Hindu
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9 Answers
What would be classified under extraordinary circumstances? Would a pO under 420, 120B section be classified as extraordinary circumstance, punishment under both sections are only upto seven years. Which comes under the realm of the order
Asked 4 years ago
This is mere advisory to refrain from arresting
PO can be arrested as he is evading process of court
PO should appear before trial court and seek orders for setting aside PO
Accused is PO
he has deliberately evaded process of court not cooperated in investigations
police can arrest PO
If there is a direction from the court then no. But only if there is exceptional circumstances he can be arrested by taking all the necessary permission and folllowing procedures
Yeah he would. A blanket order not to arrest any person cannot be passed by any high court as this would lead to a total paralysis of the criminal justice system.
The discretion lies with the police. They may or may not arrest him. The arrest can be challenged.
It depends on the nature of offence and the circumstances that the police may go ahead with the arrest.
The high court order do not totally prohibit the police from arresting the wrong doer,
thus it is an advisory order alone.
The police would describe the meaning of extra ordinary circumstances.
In fact without knowing the charges or background facts, vague opinions to this question may be misguidance.
- Legally a PO can be arrested by the police , as it is the duty of a police official to produce the accused who is absconding .
- This circular is only an advisory and not a circular issued to the police to abstain from arresting a person.
- The person can surrender before the court for cancelling the said order of PO on the sufficient grounds.
Dear clients,
(1)- Learned counsel for the applicants is directed to share his
concerns and suggestions with the learned Amicus Curiae, who will examine
the same and thereafter assist the Court.
(2)- Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]
