Police deny wrongdoing, say action linked to search for absconding accused; legal experts point to constitutional safeguards and due process requirements under the law
AZAMGARH — A police action in Azamgarh in Uttar Pradesh has come under scrutiny after an M.Tech student was taken to a police station during a raid meant for his brother, who is wanted in a criminal case.
The incident took place in the Nizamabad area, where a police team led by Station House Officer Hirendra Pratap Singh carried out a raid in connection with an alleged cattle smuggling case. Officials said the main accused, Mohammad Ahmad, is absconding and faces multiple cases.
During the operation, a video surfaced showing the officer attempting to force open the door of a house. The footage, widely shared on social media, has led to public debate over police conduct.
According to local accounts, when the accused was not found, his brother, Mohammad Fahad, who had come home after completing his exams at Bhabha University, stepped outside. He was then taken by the police to the station.
Family members and residents claim Fahad was kept at the police station for nearly 16 hours before being released. One relative said, “He is a student and had nothing to do with the case. He was taken only because his brother was not found.”
Locals have also raised concerns about the manner of the raid. A resident said, “The video shows force being used. This has created fear among people in the area.”
Police officials, however, have defended their action. Circle Officer Aastha Jaiswal said, “The raid was conducted to arrest an accused who has several cases against him. Some videos being shared are misleading and do not show the full context.”
She added that the accused has eight cases registered against him and efforts are ongoing to trace him. “Police teams are carrying out regular raids to arrest him,” she said.
The case has also raised legal questions about detention procedures. Under Article 21 of the Constitution of India, no person can be deprived of liberty without due process. Article 22 of the Constitution requires that the grounds of arrest be communicated and the individual be produced before a magistrate within 24 hours.
Legal provisions under the Code of Criminal Procedure state that an arrest without a warrant must be based on reasonable grounds. Experts say that if detention is not necessary, a notice for questioning should be issued instead.
Referring to past rulings such as Joginder Kumar vs State of Uttar Pradesh and D K Basu vs State of West Bengal, legal experts stress that arrests must follow clear procedures and safeguards.
Advocate Asad Jilani said, “There is no legal provision that allows police to detain relatives to put pressure on an accused. If someone is held without clear grounds, it may amount to unlawful detention.”
He added, “Whether this action was lawful depends on the evidence and records maintained by police and whether due procedure was followed.”
For now, the incident has triggered questions about accountability and procedure, while authorities maintain that their action was part of an ongoing investigation.
