A court here expressed shock over Delhi Police arresting a murder accused from Bihar without obtaining transit remand, saying the procedure adopted appeared to be an attempt to circumvent legal safeguards.
Judicial Magistrate Apoorv Bhardhwaj was hearing an application filed by Delhi Police seeking two days of custody remand of Mukesh, who was arrested from Darbhanga in Bihar, and Anil in the murder case.
“I am deeply shocked at the procedure adopted by the investigating agency. Seems that the accused was apprehended in Bihar and his arrest was delayed till he was brought to Delhi only to circumvent the procedure of obtaining transit remand,” the judicial magistrate said.
Noting that Mukesh was apprehended in Darbhanga and brought to Delhi, the court asked the investigating officer (IO) to explain through the concerned DCP why the accused was not formally arrested in Bihar and why transit remand was not obtained before bringing him to the national capital.
“Prima facie this conduct only amounts to tweaking the law to suit the investigating agency’s convenience. The Hon’ble High Court of Delhi has laid down comprehensive guidelines to be followed in the (case of) inter-state (arrest),” the court said.
The case pertains to the murder of a man following a dispute on April 26. According to police, the accused persons were allegedly involved in the concealment of evidence and related offences.
Mukesh was remanded to judicial custody for one day, while the plea seeking his police custody for recovery of the weapon of offence remained pending.
In the case of Anil, who was represented by advocate Pardeep Khatri, the court said the offences invoked against him were bailable.
It noted that the prosecution did not attribute any direct role to Anil in the murder. It stated that according to the case records, he was not present at the spot and had only asked that the injured be taken to the hospital.
“The arrest of accused Anil is prima facie found to be illegal. His further custody is not justified. Accused Anil be released in this case,” the court said.
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