The division bench of Justice Anil K. Narendran And Justice Muralee Krishna S. granted time to the Public Prosecutor to present the circular issued by the DGP.

The Court was hearing a contempt petition alleging violation of the directions of the Supreme Court in the case of DK Basu versus State of West Bengal while the Tamil Nadu police arrested the accused from his residence in Kerala. The court admitted the contempt petition and notified the police.

The DGP filed a counter-affidavit in the Kerala High Court stating that a circular has been issued containing detailed guidelines to be followed by police station officials and investigating officers during arrests outside the state borders.

The guidelines of the circular issued by the DGP are as follows:

• Must record in writing reasons for arrest from out of state,
• Request permission from senior officers in writing or by telephone in an emergency to travel out of state to conduct an investigation,
• Make a detailed entry in the daily police station diary giving details of the police officers and persons accompanying him, vehicle number, purpose of the visit, specific places of the visit, time and date of departure,
• Female police officer to accompany if the person to be arrested is a woman,
• Police officers must carry an identity card with them,
• Police officers must wear a uniform, have specific and visible name badges with the designation,
• The team of police officers must contact the local police station where they are to conduct the investigation, they are required to carry compliant documents/FIR or other documents in the translated language of the state where they wish to investigate,
• Establish coordination with the local police station and seek their cooperation and assistance, details of their visit should be recorded at the local police station,
• Investigation and arrest shall be carried out in accordance with the relevant provisions of the CrPC or BNSS,
• Strive to have independent public witnesses from the neighborhood,
• The arrest procedure must be in accordance with the guidelines of DK Basu (supra),
• The police must write an arrest memo and reveal the reasons for the arrest and write a seizure memo, in case of seizure,
• The arrested person must be presented before the nearest magistrate to obtain temporary detention in transit to take him from the place of arrest to the place where the crime is registered,
• To obtain transit remand, they have to submit a special report along with case diary, copy of FIR, remand report and other documents before the magistrate,
• After arrival at the Tamil Nadu jurisdictional police station, entry on arrival should be made describing the details of the investigation, the person arrested and the items recovered. The accused must be presented before the jurisdictional Magistrate at the earliest, no later than 24 hours after making the arrest excluding travel time,
• Medical examination to be carried out without delay,
• The vehicle logbook and details used for transportation of the accused should be maintained and signed, wherever possible, of the official vehicle to be used.

It is contended before this Court that the circular containing the above guidelines has been issued to be strictly adhered to by all the officers of the State of Tamil Nadu.

The case was adjourned to November 25.

File number: Case Con (C) 2481/2024

Case Title: N Prakash v Shankar Jiwal IPS & Anr.