Director General of Police (DGP), Rishi Kumar Shukla has admitted to excessive use of discretionary power by police in the state. The top cop citing reports said that CrPC 151 was being misused to satisfy the applicants. Taking cognizance of the reports of the misuse of police’ discretionary powers, DGP in letters to Inspector General (IG) of all zones has asked them to look into the matter and ensure that it is checked at the earliest.
The top cop said that IG, DIG and the SP would be held accountable for misuse of the section. Discretionary powers are assigned to police under which a person can be arrested to prevent the commission of cognizable offences. According to police’ official website more than 9000 arrests were made under section 151 in the month of July. This includes 568 arrests from Bhopal. Data that should be updated every month has not been updated since July.
Shukla in his letter said that it has come to his knowledge through CM Helpline and other sources that section 151 of the CrPC is being used to please the applicant. It has come to fore that the section is being used to arrest persons even when the offence is bailable. Citing old references DG said that Section 151 is prohibitory in nature and should be used only in very serious matters and only when deemed very necessary.
DG Shukla also clarified that it should be used only in cognizable offences where punishment exceeds seven years. Shukla has written that in several cases human rights commission has taken objection on such actions. In some cases penalty had been imposed after finding the action by police illegal and compensation has been provided to the sufferer. Almost chiding the officials, DG said that IG, DIG and the SP are accountable for misuse of this section.
‘Freedom of any individual should not be curbed without any rational reasons,’ says the letter. If a person is arrested under Section 151, a detailed note should be prepared on it and that should be registered in the daily register as well. Reason behind the arrest of the person should be given in detail. “No arrest should be made on pretext of inquiry after receiving a complaint in a planned manner,” said the letter
