Overview of the Incident
Police officers conducted a nighttime operation at approximately 4:15 a.m. targeting the second wife of a principal suspect in a murder case. Despite the presence of a 2.5-year-old child, the woman was brought to the police station for interrogation. The raid involved multiple family members' presence at the residence.
Legal and Ethical Concerns Raised
- Timing of Arrest: Bringing a woman to a police station during pre-dawn hours prompted questions about adherence to legal protocols concerning arrests between sunset and sunrise. For a detailed understanding, see Understanding the Stages of Criminal Procedure Code (CrPC).
- Presence of Children: The child accompanied the mother to the station since she chose not to leave the child behind.
- Failure to Wait: The women's sub-inspector acknowledged that officers should have waited for a more appropriate time before bringing the woman in.
- Violation of Protocols: The court noted exceptional circumstances allowing night arrests only under specific conditions and questioned whether those were met.
Police Justification and Investigation Details
- The woman was considered complicit based on local information and witness statements linking her to knowledge of land dealings and involvement in hiding the murder weapon.
- Continuous interrogation and re-examination were conducted to corroborate new facts due to insufficient evidence against the main accused.
- Summons were issued initially with subsequent arrest on a later date, creating confusion about procedural timelines.
Judicial Response and Directives
- The court criticized the police for their insensitivity and procedural lapses, emphasizing the protection of women and children.
- Immediate suspension of the entire police station was ordered to address the violation of norms.
- Instructions were issued for registration of fire (complaints) against the involved officials.
Implications for Police Conduct and Women's Rights
- Highlights the need for stringent adherence to laws protecting women and minors during investigations.
- Raises awareness about ethical policing standards and the impact of intimidation on families in sensitive cases. For broader ethical considerations in investigations, refer to Ethics in Research: Deception, Animal Studies, and Institutional Oversight.
- Calls for clear guidelines on timing and methods of interrogation, especially involving vulnerable individuals.
Key Takeaways
- Arrest or detention of women during nighttime requires exceptional justification and strict compliance with legal safeguards.
- Presence and welfare of children must be prioritized, ensuring they are not subjected to trauma during police actions.
- Law enforcement agencies must balance investigative needs with respect for human rights.
- Judicial oversight plays a critical role in rectifying procedural lapses and enforcing accountability.
This incident underscores the delicate interplay between effective criminal investigation and the protection of individual rights, especially for women and children in conflict situations.
officers be so heartless she is charged of two and two only can you take a woman to the position in
the night come to this year baby of 2.5 years
all right we direct the entire PlayStation to be placed under suspension right now
4 AM it is pretty uh bright uh when you are trying to tell us what is day and what is night no your logic you are a
lady how your officers have behaved with women
what have you done till now these facts are on there on the record your own so for your failure would have
the principle accused you will start picking up women that's what you try to convey thank you
a lot shift the local information conveys that the wife is well aware now what is your stand Mr Muslim the
children picked up with the mothers and the sequence of events it's
David children were not picked up since mother was asked to come because she was having information about the accused she
was not disclosing Juvenile Justice child can't be brought to the police station child these children are not in
conflict with law as per the individual Justice even if they are in need of care and protection can you take them to the
police station please they were not picked up mother was asked to come and the mother said there's nobody else to
look after the child that is how the mother and officers be so heartless she is charged of two and two only
what prompted your officers to bring her to the position in the night she was running away incident took place
at night and therefore 2 30 a.m the police had to visit their place of occurrence
so what was the anxiety to pick up the ladies in the night knowing very well that there are small
children with them the lady lady was not picked up because she was having information about the
accused he was not disclosing soon 4 30 4 30 4 30 a.m so what you will do you'll beat up with the belt
then to collect information to ask him can you take a woman to the position in the night
come to this year this cannot be maintenance let's see gentlemen
exceptional circumstances no woman shall be arrested yes so the sunset and Before Sunrise yes and where such exception
circumsticks so all right what prompted you to bring her to the police station on what ground
yes you see the information regarding the whereabouts of the main accused his wife was brought to the police station
on 25 5 20 30 at 5 a.m in the morning yes so that is after brought to be under what what
power your Note is there what is the power you can give a summon to the witness
can you bring the woman to the police station for interrogation at night and that with children right five aims
not 19. it is our clock still says we don't have a
different time zone we don't have but one is absolutely uh bright in the morning yes
that we know but the clock in our country doesn't make a distinction sunrise
she said my husband is not here I don't know so you want to interrogate so you take it to the police station
small children being dragged along all right we direct registration of fire immediately against your officials
just a few burgers since the what you've spoken still now is enough to give that direction I mean
this is the return instruction I have got from them under what circumstance they approach all right now this was on
25th today then what happened since the 126.5 now you say that this is also after Sunrise right
it may not be married I don't I'll not say that you should assume that the sequence is very clear on the face of it
what kind of atrocities your position the police officers are doing underwater
baby of 2.5 years all right we direct the entire station to be placed under suspension right now
let's explain what actually yes uh we did a lot of local inquiry and then we got to know that his wife uh the
second wife uh she states in a remote chair area uh under chinari PS uh in golpara so we had dispatched a party
from dubri District at night and they reached the house of the uh second wife uh at around uh 4 4 15 a.m uh you're
worship at around 4 AM it is pretty uh bright uh you are trying to tell us what is day and what is night
so uh in the house of the other uh the second wife her parents were there her brother was there uh there are other
members but because it was a two and a half year old baby she did not want to leave the baby and uh hence we had to uh
bring uh I mean she got the baby out of her own accord along with her we did not uh get the baby or the children alone
okay but because the children did not want to leave the mother uh they accompanied the mothers and came and uh
your lordship this could your officers not have waited for two more hours you are a lady
and how your officers have behaved with women what have you done till now
these facts are on there on the record your own document 4 15 am she's brought to the police station with a child
the uh women's sub inspector was there in the raiding party uh I apologize that uh we should have waited for uh two more
hours and then brought her I apologize for that why do you need to apologize for these thankless people
okay all right very well yes arrested yes
you gave her summons to appear on the next day that is she was to come back on 26th May 26
minutes now your sequence is silent she's shown arrested on 31st May what happened between that period She
was kept at the police station 26th and the ideological all the local Witnesses were pointing their finger to
sharjahan Ali and uh because uh as per local information we have that was well aware of all his land dealings and the
murder weapon uh through uh two seven point six five mm cartridges were found in the scene of time and we have not yet
been able to recover the murder weapon so the local source so for your failure to have the principle accused you will
start picking up women that's what you try to convey local information countries that the
wife is well aware and she has been uh complicit equally in hiding the murder weapon and which is why we had to
intergate her and because this was a completely blind case several witnesses have been examined so we had to
re-examine her continuously so that we could corroborate new facts and your lordship will find my submit uh because
uh shajan Ali is a very uh well-known criminal in that area uh interrogating or examining his wife so there's a
presumption that his family members are also criminal uh you know it's not a presumption we have local information
and witness statements uh which say that she was well aware of all his land dealings and his brother and she were
complicit in the conspiracy and abatement of the murder of the original right now
Arresting a woman during nighttime is sensitive because laws typically require exceptional justification for arrests between sunset and sunrise to protect individuals' rights. Such protocols aim to prevent undue distress and ensure arrests happen under appropriate conditions, as was questioned in this incident where police failed to follow these safeguards.
Children’s welfare is prioritized to avoid trauma during police actions. In this case, the 2.5-year-old accompanied the mother because leaving the child behind was not deemed suitable. Legal guidelines advocate minimizing children’s exposure to distressing environments, and ideally, authorities should provide safe care arrangements during interrogations.
The police claimed the woman was complicit based on local intelligence and witness statements related to land dealings and concealment of the murder weapon. They argued continuous interrogation was necessary due to insufficient evidence against the main suspect, though their actions raised questions about timing and procedural compliance.
The court criticized the police's insensitivity and procedural lapses, ordering the immediate suspension of the entire police station staff involved. Additionally, directives were issued to register complaints against responsible officials to enforce accountability and uphold legal and ethical standards.
Law enforcement must strictly adhere to legal safeguards protecting women and minors, particularly concerning the timing and manner of arrests and interrogations. The incident highlights the necessity for clear guidelines that balance effective investigation with respect for human rights and the importance of judicial oversight in correcting procedural breaches.
Judicial oversight acts as a critical check by reviewing police procedures, ensuring compliance with legal norms, and protecting vulnerable individuals such as women and children. In this case, the court's intervention led to suspensions and orders for complaints, demonstrating how courts can enforce accountability and promote ethical policing.
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