How can a police officer aver that accused will abscond because he is a ‘North Indian?’ questions Madras High Court
The Madras High Court criticized a police officer for citing an accused person's 'North Indian' origin as a reason for potential flight risk. The court emphasized that place of origin is not a valid legal ground for such assumptions and highlighted procedural failures in the arrest process.
Why it matters
The ruling underscores the importance of judicial oversight in preventing regional bias within law enforcement and ensuring due process for all citizens.
The Madras High Court has expressed its strong disapproval to an averment made by an Inspector of Police that the accused in a criminal case was likely to abscond because he is a “North Indian.” The court said, such an averment ought not to have appeared in an affidavit sworn by a police officer.
While granting bail to Ankur Kumar Jain of FIIT-JEE in a cheating case booked by Coimbatore police, Justice N. Ramesh wrote: “The averment that the petitioner is likely to abscond because he is ‘a North Indian’ is not appreciated. A person’s place of origin is not a ground for apprehending that he will flee.”
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