Show empathy while dealing with accused persons out on bail: Manipur High Court to Police

The Manipur High Court recently urged police to show empathy while dealing with accused persons who are out in bail [Maisnam Korouhanba Luwang v. State of Manipur and ors.]..The Court was dealing with allegations that an accused under the Unlawful Activities Prevention Act (UAPA), who was out on bail, was being harassed by the Police who would pick him up on the eve of every Independence Day (January 26) and Republic Day (August 15)The case prompted Justice A Guneshwar Sharma to direct that a copy of the Court’s order be sent to the Director General of Police (DGP) so that the police may be instructed to deal with persons out on bail with empathy. “Send a copy of this order to the O.C., Imphal P.S. for information and necessary compliance. A copy of this order may also be sent to the Director General of Police for issuing general directions (SoP) in terms of observations and directions made in para 11 to deal with bail-out persons with empathy,” the June 5 order stated..The petitioner before the Court stood accused of being a member of a banned militant outfit (PLA/ RPF), in connection with which he was arrested in 2012 for about 9 or 10 days before being released on bail..He asserted that he was arrested arbitrarily without there being any prima facie case against him, and that there had been no progress in the investigation since his arrest over 10 years ago. .The Court was informed that he was presently running a business and that he was the sole breadwinner in his family, which included his aged parents, wife and two minor sons..While so, the Court was told that he was being picked up from his residence every year, around Independence Day and Republic Day, by the police who also take his photograph in full public view, thereby tarnishing his reputation in society. This violated his right to privacy and his right to live with dignity, the petitioner contended..To put an end to this state of affairs, he approached the High Court for relief. The petitioner urged the Court to either quash the charges against him in the first information report (FIR) or to direct the authorities to complete the investigation within a specific time frame..The State authorities refuted the petitioner’s claims, contending that since Manipur is an insurgency-prone State, bail-out and surrendered militants are sometimes called to the police station to enquire about their well-being and to counsel them..The Court noted that the only explanation given for the delay in completing the investigation in the case against the petitioner was that his alleged associates could not be arrested..All the same, the Court opined that since offences under the UAPA are serious and relate to the security of the nation, it cannot quash the FIR against the petitioner on mere technicalities..Hence, it ordered the concerned authorities to complete the investigation within 6 months and file a chargesheet before the concerned court within this time frame..Further, in paragraph 11 of the order, the Court also directed that the petitioner must be served a notice under Section 41A of the Code of Criminal Procedure (CrPC) before he is required to appear before the investigating authorities in the future. If he fails to appear despite such notice, the authorities may take necessary steps to secure his presence, the Court added..“This direction is issued keeping in mind the settled principles of law of maintaining the intricate balance between the fundamental right to live with dignity of a citizen vis-à-vis the affairs of security of the State. It may be pertinent to observe here that Court ought not to pass any sort of order which may restrict the power of police in maintaining the law and order of the State, except for protecting the basic right of a citizen,” the Court said..Advocates H Kenajit and Albert Keisham appeared for the petitioner .Public Prosecutor H Samarjit represented the respondent-authorities..[Read Order]