Bombay HC: Detention In Custody For Interrogation Purposes Unlawful

This is another judgment from the website of the APCID.

This case, Ashak Hussain Allah Detha Alias Siddique Vs Assistant Collector of Customs Private, Bombay is an important judgment that shows that the police cannot hold a person in detention for the purpose of interrogation.

Here is an excerpt from this very important judgment from the Bombay HC fron 1989.

“8. The Investigating Officers may lawfully detain a suspect for an offence. But detention in custody for interrogation is not authorised by law. The Investigating Officers may detain for an offence only. In an English Case where the Customs Officers detained a person “for helping with their inquiries”, it was held that there was no authority in the Customs Officers to detain a person except for an offence (R. v. Lemsatef – 1976 Indlaw CA 62.
“If the idea is getting around amongst either customs and excise officers or police officers that they can arrest or detain people, as the case may be, for this particular purpose, the sooner they disabuse themselves of that idea the better”

The principle that emerges is this : Any restraint on a person’s liberty except for an offence is illegal. There is no authority in the Investigating Officers to detain a person for the purpose of interrogation or helping them in the enquiry. On this principle it follows that”

Here is the judgment (pdf): Detention In Custody For Interrogation Purposes Unlawful



1 Response to “Bombay HC: Detention In Custody For Interrogation Purposes Unlawful”

  1. 1 Demetra May 28, 2013 at 4:00 pm

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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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