SUNDAY, JUNE 30, 2024
Team Herald
PANJIM: Reacting to the comments of the DGP, on the sending of notices before any arrest, like in the case of multiple notices sent to Delhi CM Arvind Kejriwal, criminal lawyers have opined that one notice is enough before arrest in case of non-cooperation
The lawyers also clarified that Delhi Chief Minister Arvind Kejriwal was issued many notices under the Prevention of Money-Laundering Act (PMLA) and not under IPC sections.
Advocate Amay Prabhudesai said, “Even sending a notice once under Section 41A of CrPC is sufficient as per law. If they show cause that they received the notice late or some other reason, then a second notice can be sent on a request. If the person do not respect the notice then he can be arrested by mentioning it in the case diary."
Advocate Pritam Morais said, "It is not matter of notices. The first notice has to go. For offences where imprisonment is less than seven years notice under Section 41A of CrPC is to be issued. This given the party to file an anticipatory bail application. Then the court applies its mind whether the arrest is required or not.”
“There is no need to send five or six notices. If someone is not co-operating in cognisable case then he or she can be arrested but it will have to be mentioned why somebody is being arrested. It is because in small offences arrest should not be a routine. The investigating officer has to apply his mind and see whether the arrest of the person is required or not,” Adv Morais said.
Advocate Hanumant D Nak, “When one notice is issued under section 41 A, the accused has to appear before police. If the accused avoid coming to the police station then he can be arrested. But a case diary has to be made."
Advocate Vinayak Porob said, “There is no need to issue multiple notices under section Section 41A. Police can issue a notice and if there is a ground of arrest like chances of destroying evidence and absconding then police can go for arrest after mentioning it in the case diary."
“You cannot compare Assagao case to arrest of Delhi Chief Minister Arvind Kejirwal because the latter was earlier sent multiple notices for offences under the Prevention of Money Laundering Act,” Porob said.
Adv Raju Poulekar said, “As per Supreme Court judgement if the punishment is less than seven years, the police can issue notice under Section 41A, asking the person to appear before the police station. He can be arrested if during the course of investigation police found that he is not cooperating. A case diary has to be prepared.”
Notice has to be sent before arrest, Kejriwal was arrested after several notices: DGP Goa
Speaking to O Heraldo, DGP Jaspal Singh said, “Anyone who is punishable in an offence up to seven years, as per directions of the Supreme Court, cannot be arrested. Notice has to be first issued to the accused to join the investigation.”
He then added, “If the accused does not cooperate, then arrest takes place, the same criterion was applied to Delhi Chief Minister Kejriwal who was arrested only after he failed to appear after receiving ten summons.”
