Supreme Court Order and Arrests

I read recently with avid keenness an order of the Supreme Court from conducting wanton arrests based on frivolous complaints without proper investigations. I was a student of law for some time and thereupon grew an affinity around this largely time immemorial subject that always regulated human existence. The courts of India have repeatedly promulgated such laws that would restrain over enthusiasm from a duty conscious police person who might strictly follow the rule book to the disdain of some individual who might not be fully aware of the legality of his position. In such situations is the Police completely wrong ? may not be so..they are acting based on something written. If there is something that should not strictly go by the rule of the book it is the Law..Law must always be interpreted as against strictly followed and the interpretations can vary from time to time and the autonomous interpretation of the law in a precise format is something what sometimes good judgement s are composed of. Otherwise the imposers of the law might themselves be guilty inadvertently of gross injustice.

Sometime earlier I had written something about 'relative guilt" to  any given crime. A policeman performing his duty never ever looks at this angle and only looks at absolute guilt. Relative guilt tries to portray the hidden reason why some one committed a crime and depending upon the wantonness of the crime the concept of Relative guilt and absolute guilt varies . Let me explain....If someone commits a murder the absolute component of the crime is much more dominant than the Relative and has to be subject to detail examination by the courts'..but the Absolute is dominant. On the other hand if some one picks a pocket especially if he is a juvenile the Relative is more predominant than the absolute and the enforcers of the law must not  embark upon instant arrest without probing upfront the relative component of the crime and the juvenile must be kept under watch as against an arrest which may no be fully warranted and all that is needed is some form of reprimand. Note that in both these situations the enforcers of the law upfront act in a similar fashion. In the latter case if the child has committed the crime as a result of hunger it is a Humanitarian issue and the bewildered child clasped by Policemen on either side would have none around who could understand his position and in uneducated communities the lad will not be able to fully communicate his position.This is unlawful largely from the state and to a lesser account of the lad.

I have great regard for our police force but when someone is impinged upon absolute care must be initiated that fundamental legal  principles are not violated. This problem can be largely solved if every police station has a judicial mechanism as well that works with autonomy from within the police station..a legal officer or a jury without whose fullest consent some citizen cannot be impinged upon and the sooner we can bring in such  a system the better it would be in the way arrests are made across the country.