Following complaints from Bihar and other states over the arrests made in their jurisdiction without informing their state police, the Ministry of Home Affairs (MHA) has asked all state governments to ensure that the arrested person is produced before a magistrate or police commissioner within whose jurisdiction the arrest was made. Such a system would avoid conflict and violation of laid down norms.
In a letter to chief secretaries, the MHA said that establishing an appropriate coordination with the state police in whose jurisdiction the criminal was reportedly found was necessary. The letter also mentioned one or two incidents, where some problems occurred.
The Bihar Government had raised an alarm over the arrest of alleged Indian Mujahideen operative Kafil Akhtar by the Karnataka Police last year. The operation was carried out without keeping the Bihar police officials in the loop and the local police was not involved in the raid and arrest of Akhtar, who is wanted in the Chinnaswamy stadium blast case.
The Maharashtra Anti Terrorism Squad and Delhi Police had also busted alleged Darbhanga and Madhubani modules of the IM without contacting the state police. The Bihar Government had strongly voiced its protest and had also lodged a formal complaint with the MHA.
The police officers carrying out the arrest in another state usually bring back the accused and produce him before the magistrate in their own jurisdiction. The MHA made it clear that such a procedure was not in accordance with law. According to Section 80 of the CrPC, a person arrested by law enforcement agencies must be produced before the local authorities unless the court, which issued the warrant is within 30 km from the place of arrest or nearer than the magistrate office within whose jurisdiction the arrest was made.