In a landmark decision, the Jharkhand High Court has sentenced two police officers for their unlawful arrest of Flipkart employees involved in a case of alleged OTP misuse. The court ruled that the arrest violated the Arnesh Kumar Guidelines, which are meant to prevent arbitrary and illegal arrests in cases involving minor offenses. The case has sparked debate over police procedures and the enforcement of rights under the Indian Penal Code (IPC).
The Incident: The incident took place in late 2023, when the police in Ranchi arrested two employees of Flipkart after they were accused of misusing One-Time Passwords (OTPs) for fraudulent activities. The OTPs were reportedly used to access bank accounts and transfer funds illegally. Following the investigation, the police detained the employees, alleging their involvement in a broader scam.
However, the Flipkart employees argued that they were wrongfully accused and detained without proper verification or consideration of their rights. Legal experts noted that the arrests were made hastily and did not follow the mandatory legal procedures outlined under the Arnesh Kumar Guidelines of 2014. These guidelines were established by the Supreme Court to prevent arbitrary arrests in cases where offenses are non-cognizable or carry a maximum sentence of less than seven years.
The Arnesh Kumar Guidelines: The Arnesh Kumar Guidelines stipulate that in cases involving non-cognizable offenses (those where police cannot make an arrest without a warrant) and offenses that do not warrant serious jail time, the police must avoid immediate arrests. The guidelines emphasize the necessity of conducting a preliminary investigation before making arrests and mandate that the arresting officer must have a valid reason to believe the accused will abscond or tamper with evidence.
Court’s Ruling and Sentence: The Jharkhand High Court condemned the actions of the police officers involved, stating that their actions were in direct violation of the legal principles enshrined to protect the rights of individuals. The two police officers were sentenced to disciplinary action, which includes demotion and a period of suspension. Furthermore, the court emphasized that the unlawful arrest had caused unnecessary distress and damage to the reputation of the arrested employees.
Impact on Policing Practices: The judgment has raised awareness about the need for police reforms, especially regarding arrest protocols and the protection of individual rights. Legal experts have called for better training of law enforcement personnel on the Arnesh Kumar Guidelines to avoid such violations in the future.
The Jharkhand High Court’s decision serves as a critical reminder to police departments across the country to ensure compliance with constitutional rights and to uphold the principles of justice, especially when dealing with cases involving minor offenses. This case will likely lead to increased scrutiny on how police handle arrests and investigations in the future.