(1) “In BOMBAY(Criminal) 08/10/2008 (J-R) APPW/271/2007, a full bench judgment of the Bombay High Court had laid down that cops should register the FIR against the accused person within two days of being informed of commission of any cognizable offence.” The comprehensive judgment, among other things, says that, The law inescapably requires the police officer to register the information received by him in relation to commission of a cognizable offence. Under the scheme of the CrPC, no choice is vested in the police officer between recording or not recording the information received.
(2) SC finds illegal detention worse than death: In an important ruling with wide ramifications for individual liberty, the Supreme Court has held that personal liberty is the most important fundamental right of a citizen and illegal detention causes incalculable harm and humiliation to a person. A
bench comprising Justices Altamas Kabir and Markandey Katju while quashing the detention order passed by Mumbai Police against petitioner Deepak Bajaj under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 observed, „if a person against whom a preventive detention order has been passed can show to the Court that the said detention order is clearly illegal, why should he be compelled to go to jail?‟ The imperative necessity to protect those precious rights is a lesson taught by history and all human experience, the bench observed.„Our founding fathers have lived through bitter years of the freedom struggle and seen an alien government trample upon the human rights of our citizens. It is for this reason that they have introduced Article 21 in the Constitution and provided for the writs of habeas corpus etc,‟ they said.Justice Katju, in the 28-page judgement, quoted from the Bhagavad Gita to drive home his point that this dishonour of being sent to jail without any justification is worse than death for a self-respecting man.The apex court while making it clear that restrictions can be placed on these rights in the interest of public order, security of the state and the like, maintained that they are not to be lightly transgressed as individual liberty is an integral part of right to life. Source: UNI
(3) Sc Assails Unexplained Delay In Passing Detention Order: March 16, 2006: The Supreme Court has held that unexplained delay in passing the detention order by the authorities is not permissible in law.A bench comprising Mr Justice S.B. Sinha and Mr Justice P.K. Balasubramanyan vide their judgment dated March 10 this year laid down the law while setting aside the impugned detention order passed against an industrialist, Rajinder Arora, whose export house was raided by the Directorate of Revenue
Intelligence (DRI) on May 26,2004 and detention order was passed on March 31,2005.The Supreme Court has observed, It is trite law that an order of detention is not a curative or reformative or punitive action, but a preventive action, avowed object of which being to prevent the anti-social and subversive elements from imperiling the welfare of the country or the security of the nation or from disturbing the public tranquility or from indulging in smuggling activities or from engaging in illicit traffic in narcotic drugs and psychotropic substances etc.” While commenting on delay, the apex court ruled ” that the delay caused in this case in issuing the order of detention has not been explained. In fact no reason in that behalf whatever has been assigned at all and for the reasons abovementioned the impugned order of detention can not be sustained which is set aside accordingly.” (UNI)
(4) In Nawabkhan Abbaskhan V. St. of Gujrat , The Hon SC allows every person the discretion to make his own decision and disobey an order of the Govt. if in his opinion violates his fundamental rights or if he believes that such order is made for malafide intentions.
THe Hon. Court said , “the individual decision making by private person of public actions may be considered as a very radical approach .Grave cosequences involved in allowing discretion to disobey , someone may argue, but what is the remedy available to a person who has been subjected to an illegal order ?, Our legal system does not recognize the right to compensation for damage suffered by a person in obeying an illegal order . But if he is turn out to be wrong in his decision , of course he is answerable.”
(5) In Writ Petition (CRL) no 68 of 2008 (Latika Kumar vs. Govt of UP & Others). On 14th July 2008 , Justice BN Agarwal and Justice GS Singhvi ” directed, “We feel that it is high time to give directions to Governments of all the States and Union Territories besides their Director Generals of Police/Commissioners of Police as the case may be to the effect that if steps are not taken for registration of F.I.Rs immediately and copies thereof are not made over to the complainants, they may move the concerned Magistrates by filing complaint petitions to give direction to the police to register case immediately upon receipt/production of copy of the orders and make over copy of the F.I.Rs to the complainants, within twenty four hours of receipt/production of copy of such orders. It may further give direction to take immediate steps for apprehending the accused persons and recovery of kidnapped/abducted persons and properties which were subject matter of theft or dacoity. In case F.I.Rs are not registered within the aforementioned time, and/or aforementioned steps are not taken by the police, the concerned Magistrate would be justified in initiating contempt proceeding against such delinquent officers and punish them for violation of its orders if no sufficient cause is shown and awarding stringent punishment like sentence of imprisonment against them inasmuch as the Disciplinary Authority would be quite justified in initiating departmental proceeding and suspending them in contemplation of the same.”
Writ of Habeas Corpus: A Writ Petition can be filed in the High Court under Article 226 of Constitution of India, or in the Supreme Court under Article 32 of Constitution of India, to seek release of a person from unlawful detention, whether by Police or by any private person.