PANAJI
The Bombay High Court at Goa has asked the Goa Police to formulate guidelines and standing instructions in tune with several orders of the Supreme Court concerning the arrest of people and the procedures to be followed while doing so.
Hearing a petition filed by one Conceicao D’Souza, whose husband Bonaventure D’Souza was arrested by the Special Enforcement Bureau Nellore, Andhra Pradesh from his home in Margao and taken to Nellore and produced before the magistrate there, in connection with an case of supplying dubious liquor, the High Court noted its ‘anguish’ that despite the Supreme Court issuing directions back in 2014 and several subsequent orders specifically directing states and union territories to formulate guidelines, Goa has done nothing in that regard.
“In spite of several precedents by the Supreme Court as well as standing orders issued by the Delhi Police, no such procedure has been adopted in the State of Goa till date. We, thus, are constrained to record our anguish and to direct the DGP of Goa Police to take steps in the matter and as directed by the Supreme Court in case of Arnesh Kumar and provide the necessary guidelines,” the High Court bench of Justices M S Sonak and Bharat Deshpande said. The Supreme Court in a judgement delivered in 2014 had laid down guidelines for arrest and to prevent its misuse which have come to be known as the Arnesh Kumar guidelines.
“We expect that Goa Police will formulate standing orders as early as possible and in any case, not later than 3 months from today. A compliance report must be filed by the DGP, Goa latest by 31st January 2023,” the High Court also said.
D’Souza was an accused in connection with the seizure of 5,897 bottles of substandard diluted liquor.
“The manner in which he was arrested from his house at around 1.30 am is surprising,” the High Court said.
D’Souza has since been released on bail, but his petition challenging what he alleged was an illegal arrest, was disposed of on Tuesday.
