Srinagar, May 17: SHRC chairperson Justice (Retd) Bilal Nazki while hearing a number of clubbed cases pertaining to illegal detentions observed that detention orders under section 107/151 are passed by magistrates mechanically in most of the cases.
Justice Nazki said that the magistrates are Naib Tehsildars, who appear to have no knowledge or training in dealing with matters related to fundamental rights like right to liberty. A person cannot be deprived of this right by mere relying on police inspector or a constable. These cases have a pattern that a police officer comes to Naib Tehsildar who happens to be a magistrate with a request to detain a person U/S 107 because of imminent danger to public order.
He said "It appears that police has kept a proforma and whenever they need they take a photocopy and fill the blanks with the name of the person they want to arrest."
Justice Nazki, while citing sample order said that the Station House Officer reports to the executive magistrate that while on the patrol, the police found a person in suspicious circumstances who have no source of income and it came to the conclusion that he would be making his living by doing some illegal acts; therefore the person was apprehended and is being produced before the magistrate for taking actions U/S 109 of CRPC act.
The SHRC chairman said the magistrate on receiving this report on the same day passes an order for detention of that person produced before him but the request of police and the order of magistrate both show that the detention was illegal and U/S 107 only show-cause notice be given and no order can be ordered.
I will have recommended action against these officers but I have met some of them. They are Naib Tehsildars and most of them have no training and knowledge whatsoever to deal CRPC or law relating to personal liberty.
The SHRC chairman said that I am not recommending any action against these officers but I am recommending to government to consider taking away the magisterial powers from Naib Tehsildar and these powers should be exercised ideally by judicial magistrate and such of executive magistrate who are well trained.
Agencies
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