In a shocking revelation, it has come on record that Ghaziabad police have arrested as many as 535 people between May 1 and 29, 2023 for breach of peace, which is about 48% of total people sent to jail.
Additional District Judge Sunil Prasad, who is acting as secretary, District Legal Services Authority, Ghaziabad stated that total number of people detained under Sections 107, 116 and 151 of the Criminal Procedure Code is 535 and those sent to jail for other offences are 562.
In his letter to the Commissioner of Police, Ghaziabad, he expressed his grave concern over the situation as jail inmates arrested in such matters informed that action has been initiated against them without giving proper hearing. The inmates told him that the court of Executive Magistrate passed orders without giving them any hearing, in violation their right to natural justice.
He cited the Supreme Court's judgements in Madhu Limaye, D K Basu and Satendra Kumar Yadav and Others Vs State of UP, stating that it is a settled law the parties should be heard before passing any order.
Prasad's letter also stated in certain cases, inmates told him that the court of Executive Magistrate imposed heavy surety amount for bail, which they were unable to pay.
Referring to the Supreme Court's direction in suo motu matter titled as 'In Re Police Strategy for Grant of Bail', it has been directed that the before fixing the surety amount, the courts should take into consideration the financial condition of the accused persons. The SC had also stated that sufficient time should be provided to the accused for verification of the surety and for filing their bail applications.
His letter also asked the district police chief to issue orders to subordinate officers to ensure all the Supreme Court's guidelines should be followed before arresting any person as the provisions under Sections 107, 116 and 151 are preventive and not penal in nature.
