BENGALURU: Noting that the power to arrest is not a licence to arrest, the Karnataka High Court has imposed an exemplary cost of Rs 3 lakh on three police officers in the city.
The court pulled up Investigating Officer, Sunil Kumar KR, who is a sub-inspector at Whitefield Police Station, an Assistant Commissioner of Police, and a Deputy Commissioner of Police, who were responsible for directing, permitting or facilitating the illegal arrest of the petitioner, KN Mohan Reddy.
The cost shall be paid by them from their personal income and shall not be borne by the state exchequer, it said. “The higher officer cannot remain a silent spectator while a subordinate treats a statutory safeguard as dispensable paperwork and thereafter seeks shelter behind the individual act of the Investigating Officer (IO).
The record itself attributes responsibility not merely to the IO but also notices the supervisory dereliction of those manning the police station”, the court observed.
The court imposed the cost on the IO who arrested the petitioner, an accused no.2, who is an attesting witness to a Will, which is pending adjudication before the civil court, nearly 48 hours before the petitioner could either comply with or breach the notice issued by the IO under Section 35(3) of the BNSS to appear for the investigation.
‘‘A notice to appear tomorrow cannot become a licence to arrest today. The state cannot command compliance with one hand and extinguish the opportunity to comply with the other”, said Justice M Nagaprasanna while declaring the arrest is illegal.
In the notice dated August 25, the IO, Sunil Kumar K R, directed the petitioner to appear for the investigation at the police station at 11 am on August 27. But nearly 48 hours before the petitioner could either comply with or breach of the notice, the police took him in custody.