Joginder Kumar Vs State Of UP – 1994

For reasons unknown, I decided to revisit, possibly, the most important judgment ever delivered by an Indian court.

These words of  Justice MN VENKATACHALLIAH renewed my determination to fight.

No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a police officer issues notice to person to attend the Station House and not to leave the Station without permission would do.

Here is this seminal judgment again, reformatted and presented anew:

Joginder Kumar Vs State Of UP – 1994

Original link to Judis: http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=11479

Given below is the 3rd report of the National Police Commission that this judgment draws on:

Third Report Of The National Police Commission (From BPRD)

Also given below is a fragment of the First Police Commission:

First Report Of The National Police Commission (Fragment From BPRD)

Compliance orders:

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3 Responses to “Joginder Kumar Vs State Of UP – 1994”


  1. 1 Charul February 21, 2009 at 11:46 am

    Be the change you want to see in the world. – M. K. Gandhi

    Saina Nehwal, seeded 10 then, was sure to miss a major badminton tournament had it not been for top authority in the country, Chief Passport Officer who bailed her and country’s representation in her out in time.

    The only law suits that do seem get to decree are the ones taken upon by ballyhoo guys. You need not let it get you down though, there are temples at every nook and corner and especial poojas rather effective in expediting the legal process, they’ll tell you.

    I saw a middle aged villager once outside a civic body office, sharing his wisdom of things with his wife, as if Langad came alive out of the leaves of Raag Darbari. He said, “ye babu log daftar ane ki tankha leten hain aur kaam karne ke paise lete hain”. Words of wisdom indeed, if nothing else works, show some green and see how they spring to action.

    But hasn’t it changed? Since the arrival of instruments like RTI, despair seems to be lurking about only those who are oblivious to these positive changes. IndiaForYou, a forum where apathy gives way to action, by the power of information, is of the view, lets not wait for leaders. Latest case of their hullabaloo in the house, on Gandhi’s belongings, which is going to get followed by a liberal supply of humble pie when the issue runs into intricacies of obtaining import license required for bringing anything of historical interest back in the country, an ill though up law by these leaders only, gives us another reminder that our leaders know not the first thing about what goes in the house they occupy, busy with subsistence politics most of them couldn’t care less.

    But let’s not paint them with a broad brush. We all know at least one officer and at least a handful of leaders who we know are honest and on that account are often found sulking even suffering at the hand of their colleagues. IndiaForYou, urges these people to come out for your wisdom of the system is worth its weight in gold. We have to do things on our own, let’s all stand together and make the system move.
    I invite you all, all you citizen of India, to join this movement of awareness. Let’s take the movement to every city, every village and villager of the country, it’s incumbent on us literates to learn, share and spread the word, and spread the knowhow of how to make the system work, lets anticipate together a paradigm change in bureaucracy and governance when they shall get used to working, incompetence shall suffer an evolutional loss, happy riddance!, shall reclaim its lost respect, apathy shall be jettisoned along the way, dream further that bureaucracy shall be seen as a respectable career avenue, the brain, instead of draining out, shall feel proud to join in, that the most able minds and willing hearts thus will govern the country. Dream on, dream together.

    It’s all possible, we have but to make it!
    Come join the movement.

    indiaforyou.ning.com

  2. 2 Joginder Rahie December 14, 2011 at 3:11 pm

    j kk

  3. 3 SHAIK AHAMAD BASHA June 20, 2013 at 5:09 am

    My Name is Shaik Ahamad Basha, I am an advocate in Vijayawada. Practicing Civil and Criminal Laws in Metropolitan Magistrate’s Courts and District and Sessions Court. I could deal cases in Vijayawada and surrounding areas Please contact my Cell number is 8341978928
    Thank you.


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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