Disha Ravi case: Did Delhi Police violate inter-state arrest guidelines?

Following the arrest of Disha Ravi by the Delhi Police, various groups of Bengaluru residents and activists have alleged that the visiting police team committed illegality. Here's a look at the guidelines formulated by a Delhi High Court-appointed committee for inter-state police actions.

The arrest of climate activist Disha Ravi in the Toolkit case by the Delhi Police’s cyber-crime unit last week has stirred up a row. It has led to an outpouring of angst against the police on social media. Critics have alleged that the Delhi Police arrested Disha Ravi without informing the local Bengaluru police.

The laid down procedures for inter-state police action calls for cooperation with the local police as the law-and-order is a state subject. The visiting police team is expected to contact the local police station under whose jurisdiction the area of investigation or arrest falls and explain the reason or purpose of the visit before seeking cooperation.

The visiting police team has to carry copies of the FIR or complaint for the convenience of the local police. The FIR or complaint copy should be a translated version in the local language.

Reports say the police in Bengaluru were completely unaware of the visit of the Delhi Police’s team. This later led to protest by local residents. Around 70 Bengaluru residents wrote a memorandum to the police commissioner protesting the manner in which Disha Ravi was arrested and sought action against the Delhi Police.

The group of protesting residents raised several legal issues regarding her arrest. They said Disha Ravi's family, her legal counsel and the public at large were kept in the dark about the details and documents relating to the arrest.

Disha Ravi was not allowed to contact a lawyer before being taken to Delhi. Disha Ravi was not presented before the magistrate nearest to her site of the arrest.

According to Section 80 of the CrPC, a person arrested must be produced before an executive magistrate or a senior police officer under whose territorial jurisdiction the arrest has been made.

Inter-state police actions including arrests have been a controversial matter for long. The Delhi High Court in 2018 laid down a set of guidelines through a committee it had appointed to ensure that the laws were followed, and the rights of the arrested person were not infringed upon.

The committee, comprising retired high court judge SP Garg and IPS officer Kanwaljeet Deol, had been formed after a man filed a habeas corpus plea seeking the release of his wife. The woman had allegedly been taken away by the Uttar Pradesh police from the JNU hostel in Delhi.

The woman had converted from Islam to Hinduism to marry the man of her choice. The family had objected and filed a police complaint later in Ghaziabad. The committee found that while the police teams of Uttar Pradesh and Delhi cooperated, they committed several illegalities in making the arrest, and proposed a set of guidelines.

The Delhi High Court, hearing another case of alleged illegality during inter-state action by police in 2020, directed for implementation of the guidelines.

Guidelines for inter-state police actions: 10 points

1. The police officer must seek prior permission/sanction of the higher/superior officers in writing or on phone (in case of urgency) to go out of State/UT to carry out investigation.

2. In came of making an arrest, the police officer must set out the facts and record reasons in writing disclosing the satisfaction that arrest is necessary for the purpose of investigation.

3. The police officer should move the Jurisdictional Magistrate to seek arrest/search warrants except in cases when there is a risk of escape of the accused or disappearance of incriminating evidence.

4. The police officer must record reasons explaining why it is necessary to visit other state without procuring arrest/search warrants.

5. If the possible arrestee is a female, a woman police officer be made part of the team.

6. All police officers in the team should be in uniform, and bear accurate, visible and clear identification showing name tags with their designations.

7. Police team should make all efforts to have independent public witnesses from the neighbourhood.

8. The arrested person must be given an opportunity to consult his or her lawyer before being taken out of the state.

9. While returning, the police officer must visit the local police station to make diary entry specifying details of the arrested persons and items seized during police action. The same should be recorded by the police team on return to the home state.

10. Police team making arrest should make effort to obtain transit remand after producing the arrestee before the nearest magistrate within 24 hours unless exigencies of the situation warrant otherwise.

Those protesting against the Delhi Police over the arrest of Disha Ravi allege that the visiting police team did not follow the guidelines for inter-state police actions. The Delhi Police has accused Disha Ravi of collaborating with pro-Khalistan outfit Poetic Justice Foundation (PJF) in creating a Google Toolkit to exploit the situation arising out of the protest by the farmers’ unions against the Narendra Modi government over the new farm laws.