He said that in the petition they have cited total 189 cases where people were arrested under sections 41 / 107 / 109 / 151 of Code of Criminal Procedure and sent to prison by the court of law – which are grossly illegal. He said that they want to share their remarks and reactions over the matter as following:-
The Court has enough knowledge that the majority of the accused under mentioned sections of 107-110 of Criminal Procedure Code of India, are socio- economically marginalised and accused of petty offences, in majority of the cases, these accused are not in position to appeal before higher judicial authority and continue the judicial activities till the time of actual delivery of justice, and the bench also know better about the pendency and protracted nature of judicial process in these kinds of petitions, we can refer here our petition for complete adherence of DK Basu Judgement on arrest, which is pending before the Calcutta High Court for last 20 years. Again, the practice is so rampant, that it appears to be a systemic flaw which deserves a civil society attention for judicial remedy. The observation of the said bench is a sad affair to deliver judicial remedy to hundreds of socio- economic marginalised.
We wanted to bring notice before the court on the rampant violation of law by the agencies having the responsibility to protect the same, as a civil society group it was a modest attempt to bring into fore the said issue, we further believe that the judiciary has the authority while major violations occurred but the said bench only disapproved the civil society initiative on rampant and continuing violation of law which was contrary to the positions taken by the Apex Court in various PILs brought by the civil society organisations.
By this order the said bench only approve and strengthen unaccounted and illegal arrests and detentions, and blemished the reputation of the judiciary
Not only the police but the magistrates both executive and judicial, violating the legal provisions in abundance while judging the cases under sections 107/ 109 and 110 of Criminal Procedure Code, and sending the arrested persons to prisons, which is beyond their capacity and jurisdiction, the practice is illegal and unconstitutional, deserve a serious judicial assessment and remedy. We have also documented series of cases where the magistrate concern even ordered to regular attendance to the police station while granting bail after furnishing a bond of Rs. 5000/-.
Lastly, Kirity Roy asked that if it is the position and norm of judiciary where the civil society will address their grievances on socio-legal issues. He said MASUM is hopeful that the members of civil society should come forward to address the said systemic flaw at different places for remedy.