Clarity On Order CWP–PIL-77-2021 | Vkeel - Free Legal Advice

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Chandigarh

Can a PO be arrested despite order CWP–PIL-77-2021 passed by Hon. Punjab and Haryana High court (section viii). "Section viii - that unless there is necessity of arrest for maintenance of law and order or any other emergent case, in a cognizable offence prescribing sentence up to seven years imprisonment, the police shall desist from arresting the accused up to 30th of June, 2021, without complying with the provision of Section 41A, Cr.P.C. This however may not be understood as an interdict on the power of the police to arrest, but should only be considered a mere advisory in the face of the ongoing crisis following second wave of Coronavirus"

Expert's Answers(2)

xxxxx cxxxxx
Bengaluru, Karnataka

184 Client Ratings

Dear Sir, It is a debatable issue and needs to be discussed after seeing relevant papers. Please give me rank after viewing my details. Please call me for further assistance.

September 15, 2021
Advocate Anik
Bengaluru, Karnataka

66 Client Ratings

Hello Sir Yes the PO could be arrested despite the order the passed by the Punjab and Haryana high court. Also as per section viii provide by you, it's a advisory to the police not mandatory to follow this order , the police have all right fo arreste the accused in case they needed to. Thanks Please rate if you find this advice helpful.

September 5, 2021