GUWAHATI, Dec 6 - Former Home Minister of Arunachal Pradesh Takar Marde, who was arrested on Tuesday for obstructing a traffic police personnel from discharging his duty, was today given bail for the non-compliance of a Supreme Court order by the Guwahati police.Upon being produced before the Court of Chief Judicial Magistrate, Kamrup, counsel for the accused argued that the arrest was made without following the procedures laid down by the apex court in the Arnesh Kumar case.
The SC, in its directives, categorically stated that in case the offence where the quantum of punishment is seven years or may extend up to seven years, police, prior to arresting the accused, must serve a notice under Section 41 A of the CrPC, which was not done in the case in question.
The police officer, who arrests a person without following the apex court’s guidelines, would face departmental action or contempt of court. Even the magistrate, remanding an accused without following the guidelines – as were given in the Arnesh Kumar case –would face departmental action.
Advocate Bijon Kumar Mahajan said the bail was granted to Marde due to his and his wife’s ill health and the police didn’t follow the guidelines laid down by the SC in the Arnesh Kumar case.