Landmark ruling on arbitrary arrests

We welcome the Supreme Court's (SC) verdict on the issue of arbitrary arrests on suspicion and torture of arrestees on remand. The 19-point guideline for police, magistrates and judges is a huge step forward to ensure people's basic human rights. Under the new guidelines, law enforcers must identify themselves during arrest and arrestees will be allowed to meet relatives and consult with lawyers. Though 13 years in the making, it is hoped that incidents of arbitrary arrest and the dreaded torture and death in custody will come down significantly.

For too many years, Section 54 and other provisions of the Criminal Procedure Code have been wilfully used to detain anyone on suspicion under the Special Powers Act. For over a decade since the High Court ruling in 2003, successive governments have continued to use this hangover from the days of the British Raj that allowed the police to arrest and detain any individual deemed a threat to the establishment. It has paved the way for serious violation of human rights as law enforcement agencies have operated with impunity, taking into custody individuals and many came back suffering brutality or worse, as corpses. 

The efficacy of the directives lies with the Executive in the full implementation of the directive by the judiciary. We hope that the government does not take the SC's decision as a move to curb its power. Rather, embracing the measures and putting in checks and balances on the various institutions responsible for law and order will help free our people from the clutches of injustice. We hope the government will break with the past and put into effect the guidelines to ensure good governance and ensure justice for the citizenry.