Orissa High Court Directs Police Training to Uphold Constitutional Safeguards in Arrests
The Orissa High Court has issued a stern directive to Odisha's principal secretary of the home department and the director general of police, calling for personal oversight in training police officers on mandatory arrest procedures. This order follows the court's discovery of repeated violations of constitutional protections in a recent bank robbery case from Nayagarh.
Bail Granted Amidst Procedural Failures
On Tuesday, a single-judge bench led by Justice Gaurishankar Satapathy granted bail to three individuals accused in an alleged robbery at the Mandhatapur branch of a nationalized bank on July 2, 2025. The accused—identified as Pramod Nayak, Purna Chandra Prusty, and Shiba Dakua—were charged under Sections 310(2), 311, and 111(3) of the Bharatiya Nyaya Sanhita, along with Sections 25 and 27 of the Arms Act. The court ordered their release on bail bonds of ₹25,000 each, requiring one solvent surety per person.
Court Highlights Critical Legal Violations
Justice Satapathy emphasized that the arrest records revealed clear non-compliance with Article 22(1) of the Constitution and Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). He noted that the arrest memos merely stated the apprehension of the accused, failing to meet the mandatory requirement of communicating the grounds of arrest in writing and in a language understood by them. "It is very high time to prevent such violation of mandatory provisions," Justice Satapathy observed, warning that offenders could exploit these lapses to evade justice.
Widespread Issues in Arrest Protocols
The judge pointed out that the court has encountered numerous cases involving similar infractions of Article 22(1) and Section 47 of the BNSS (formerly Section 50 of the CrPC). These violations often allow criminals to secure release on technical grounds, undermining the justice system. Justice Satapathy stressed that without proper training, hardened criminals might escape custody, which is detrimental to public safety and legal integrity.
Directive for Immediate Action
In response, the court has formally requested the principal secretary of the home department and the director general of police to take personal responsibility for training police officers. They are instructed to issue suitable circulars and ensure adherence to legal mandates to prevent future non-compliance. A copy of the order has been immediately communicated to both officials for prompt implementation, aiming to strengthen arrest procedures across Odisha.
