Rights of an arrested person

Protection against arrest and detention

The Supreme Court has laid down guidelines that the police must follow at the time of arrest, detention and interrogation. The police are not allowed to torture or beat or shoot anyone during investigation. They cannot inflict any form of punishment on a person even for petty offences. 

Article 22 (protection against arrest and detention) of the Indian constitution and criminal law guarantee to every arrested person the following Fundamental Rights: 

• The Right to be informed at the time of arrest of the offence for which the person is being arrested. 
• The Right to be presented before a magistrate within 24 hours of arrest. 
• The Right not to be ill treated or tortured during arrest or in custody. 
• A person who is arrested cannot be denied to be defended by a legal practitioner of his choice. This means that the arrested person has right to hire a legal practitioner to defend himself/ herself.
• The custody of a detained person cannot be beyond the said period by the authority of magistrate and cannot be extended without magistrate permission.
• Article 22 (3) says that above clause doesn't apply on following:
• To any person who for the time being is an enemy alien; or
• To any person who is arrested or detained under any law providing for preventive detention.

The first condition above is justified, because when India is in war, the citizen of the enemy country may be arrested. But the second clause was not easy to justify by the constituent assembly.

• Confessions made in police custody cannot be used as evidence against the accused.     

Confessions made during police custody cannot be used as evidence against the accused? 

The Supreme Court of India has laid down specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are known as the D.K. Basu Guidelines and some of these include: 

• The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags with their designations; 
• A memo of arrest should be prepared at the time of arrest and should include the time and date of arrest. It should also be attested by at least one witness who could include a family member of the person arrested. The arrest memo should be counter-signed by the person arrested. 
• The person arrested, detained or being interrogated has a right to inform a relative, friend or well-wisher. 
• When a friend or relative lives outside the district, the time, place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest.

References:

• GK today | Article 22 and preventive detention in india
• Legal Services India | Preventive Detention and Constitution of India
• Indian Kanoon | Article 22 of Indian constitution
• Wikisource - Constitution of India - Part III | Article 22

Send Muslims to Pakistan

Supreme court of India received a worst ever petition from Mr. Sangat Singh Chauhan. Mr. Chauhan register a public interest litigation(PIL) in which he wants and demanded from government and court to send all Indian Muslims to Pakistan. No body now the intention of petitioner but it is the impact and effect of hates and violence created and supported in our society by currently ruling NDA government.

Somehow petition reached to hearing in apex court and assign to bench of  Justice Rohinton Nariman and Vineet Saran.

The bench got this plea and in its very first hearing on Friday, 15th March 2019, this case has been dismissed by the Supreme court.

Here is the conversation happen between the petitioner and honorable Justices.

According to Bar and Bench, Justice Rohinton Nariman appeared visibly upset at the plea and asked the petitioner to read it aloud in the courtroom. Once petitioner completed the reading.

Justice Nariman: “What's this? Do you really, really want to argue this case? Are you sure?” We will hear you but we will pass strictures against you.”

Petitioner: No my lord

Justice Nariman: OK, dismissed!

This petition get dismissed from bench just only in two sentences of conversation.

References:

1. Livelaw.in | SC Dismisses PIL Seeking Direction To Send Muslims To Pakistan
2. The News Minute | sure you want argue? SC dismisses PIL send Indian Muslims Pakistan
3. Indiatimes | Someone Wanted To Send All Indian Muslims To Pakistan, Supreme Court Taught Him A Lesson For Life
4. Business Standard | SC slams petitioner who wants Muslims sent to Pakistan
5. Moneycontrol | Petition to send Indian Muslims to Pakistan gets fitting response in Supreme Court
6. Greater Kashmir | SC slams petitioner who wants Muslims sent to Pakistan
7. The Lallantop | YouTube

How to create an OSGi fragment project?

Hello readers, today we are going to explain how to create an OSGi fragment project using Eclipse IDE.

The first step to create OSGi fragment is to understand the need of the OSGi fragment and select a host bundle using which this OSGi fragment is going to access and resolved within your application. To understand the OSGi fragment please go through by our previous OSGi fragment posts.

>> https://rashidjorvee.blogspot.com/2019/03/osgi-fragment.html 

Once we have the clear picture about fragment and you have opted the host bundle to register the fragment then, follow the below steps to create OSGi fragment project. For example we have a sample OSGi bundle with name "OSGitestBundle" and for this bundle we will create an OSGi fragment which helps this bundle to work as an extension of host bundle and provide additional information to host bundle. 

Step 1: Go to File >> New >> Other >> Plug-in Development >> Fragment Project and then click on the next button. 

Select OSGi fragment project from other project section in Eclipse

Step 2: Now put a valid name OSGi fragment name in Project name text-box, and click on the next button. for example we have given project  name OSGiFragment

OSGi fragment project name

Step 3: In this step you will see, few fields are auto filled with the name of your OSGi fragment project, as you have given the project name in the previous step. In this step you have to add the plug-in ID information or host name information of this fragment, so this get merge with host bundle. here we will put the project name OSGitestBundle and then click on the finish button.

Plug in or host name information OSGi fragment

Step 4: Now open the project explorer in your Eclipse and open the manifest file "MANIFEST.MF" at location [Fragment-PROJECT-NAME] >> META-INF >> MANIFEST.MF

Manifest file location

In manifest file you will see the following entries:

Manifest-Version: 1.0
Bundle-ManifestVersion: 2
Bundle-Name: OSGiFragmen
Bundle-SymbolicName: OSGiFragmen
Bundle-Version: 1.0.0.qualifier
Fragment-Host: OSGitestBundle
Automatic-Module-Name: OSGiFragment
Bundle-RequiredExecutionEnvironment: JavaSE-1.8

Here Fragment-Host will hold the host bundle name.