T.G. Mohandas arrest: Court pulls up police over procedural lapses
A court in Thiruvananthapuram has criticized local police for failing to follow mandatory procedural notices before arresting Hindutva ideologue T.G. Mohandas. The court granted bail, citing Supreme Court guidelines that require notices for offenses punishable by less than seven years in prison.
Why it matters
The ruling reinforces judicial oversight regarding police powers and the protection of due process in cases involving freedom of speech and public order.
The Thiruvananthapuram Additional Chief Judicial Magistrate has come down heavily on the police for failing to issue a mandatory notice before arresting Hindutva ideologue T.G. Mohandas, who was ultimately granted bail following his arrest over derogatory statements made against students who recently protested at Jantar Mantar in New Delhi.
The court, while granting bail to the accused on Monday, said the requirement to issue notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was attracted in the case and that the grounds cited by the investigating officer for not issuing it were insufficient. The prosecution could not satisfactorily justify the decision to dispense with the statutory safeguard, the court found.
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