Bhiwani ASI accused of threats, unlawful confinement; HHRC Chairperson takes stern view
Chandigarh | HNS
Taking serious note of allegations of illegal detention by the police of a man, the Haryana Human Rights Commission has sought a report from the Superintendent of Police posted in Bhiwani. Quoting a Supreme Court judgment, Commission Chairperson Justice (Retd) Lalit Batra observed that Sections 107 and 151 of the CrPC are preventive in nature and not punitive.
In his complaint (No. 1584/2/2025), filed before the Haryana Human Rights Commission, Ashok Kumar, resident of Dhana Janga village in Bhiwani district, alleged that his brother, Jagjeet, lodged a false complaint at Bhiwani Sadar Police Station.
Acting upon the complaint, the Bhiwani Sadar Police Station House Officer (SHO), assigned ASI Virendra Singh to inquire into the matter. It has further been alleged that on June 13 last, ASI Virendra Singh summoned Ashok Kumar to the Bhiwani Sadar Police Station and threatened him over the phone.
The complainant was allegedly subjected to intimidation and made to sit at the Police Station from morning till evening without any formal arrest.
After a medical examination, he was lodged in the lock-up, and a case was registered against him under
Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which the complainant referred to as Sections 107/151 Cr.P.C.). He remained in custody overnight and was produced before the Sub-Divisional Magistrate the following day. Ashok Kumar has requested appropriate action against the “erring” police official- ASI Virendra Singh.
Haryana Human Rights Commission Chairperson Justice Lalit Batra observed that Sections 107 and 151 of the Cr.P.C. have been replaced by Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which serves the same purpose of preventing imminent harm and ensuring public safety.
“Otherwise, the arresting officer may be liable for violating the fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India,” observed the Chairperson.
Justice Lalit Batra further stated in his order that if the conditions prescribed under Section 170 of the BNSS (corresponding to Section 151 Cr.P.C.) are not met and a person is arrested, the arresting authority may be held accountable for violating the fundamental rights guaranteed under Articles 21 and 22 of the Constitution.
The Commission has sought a detailed report from the Bhiwani SP on the following points:
Basis of Summoning: The grounds on which the complainant was summoned to Police Station Sadar, Bhiwani, and whether due legal process under Sections 126 and 170 BNSS (107/151 Cr.P.C.) was followed.
Unlawful Detention / Prolonged Stay: The circumstances under which thecomplainant was made to stay in the Police Station for several hours and whether any official order or justification existed for such detention.
Necessity of Arrest / Preventive Measures: Whether preventive or coercive action under Sections 126 and 170 BNSS (107/151 Cr.P.C.) was warranted in this case and whether proper procedure was followed.
Conduct of Investigating Officer: A detailed account of ASI Virendra Singh’s conduct, including alleged threats, detention, and any procedural lapses.
The commission listed the matter for the next hearing on December 17.
Puneet Arora, Information and Public Relations Officer with the rights commission, said Justice Batra has directed the Superintendent of Police of Bhiwani to submit a detailed report through the Director of Investigation of the commission before the next hearing.
