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രാത്രി സ്ത്രീകളെ അറസ്റ്റ് ചെയ്താല്‍ !


പോലീസിന് ആരെയും എപ്പോഴും അറസ്റ്റ് ചെയ്യാമോ എന്നത് ന്യായമായ ചോദ്യം. പക്ഷെ കേസില്‍ പ്രതിയായാല്‍ അറസ്റ്റ് ചെയ്യാതെ എന്തു ചെയ്യും. എന്നാല്‍ സ്ത്രീകളെ അറസ്റ്റ് ചെയ്യുന്നത് സൂര്യനസ്തമിച്ചതിനു ശേഷവും സൂര്യനുദിക്കുന്നതിനു മുമ്പുമാണെങ്കില്‍ അത്യപൂര്‍വ്വ സാഹചര്യങ്ങളില്‍ മാത്രമേ ആകാവൂ എന്നാണ് ക്രിമിനല്‍ നടപടിപ്രകമം വകുപ്പ് 46(4) പറയുന്നത്. പക്ഷെ രാത്രിയിലെ തിരക്കില്‍ ഇത് വായിച്ചുനോക്കാന്‍ അറസ്റ്റിനു പോകുന്ന പോലീസിനെവിടെ നേരം. അതുപോലെ പോലീസ് എന്നുകേള്‍ക്കുമ്പോഴെ തളര്‍ന്നുപോകുന്ന അറസ്റ്റിനിരയാകുന്നവരങ്ങെനെ ആ സമയം വകുപ്പുകള്‍ തേടിപ്പോകും. ഏതായായും അങ്ങനെ നടത്തിയ ഒരു അറസ്റ്റിനെതിരെ ഒരുസ്ത്രീ ഒരുങ്ങിയിറങ്ങിയപ്പോള്‍ അറസ്റ്റ് നടത്തിയ സി ബി ഐ യോട് 50000 രൂപ നഷ്ടപരിഹാരം അറസ്റ്റിനിരയായ സ്ത്രീക്ക് നല്‍കാന്‍ ഉത്തരവായി. സി ബി ഐ ക്ക് അത് ബന്ധപ്പെട്ട ഉദ്യോഗസ്ഥരില്‍ നിന്നും ഈടാക്കാം എന്നും ബോംബേ ഹൈക്കോടതി വിധിച്ചു.  

സ്ത്രീയെ അറസ്റ്റ് ചെയ്യുന്നതിന് കര്‍ശനമായ മാനദണ്ഡങ്ങള്‍ നിയമം നിഷ്കര്‍ഷിച്ചിരിക്കുന്നത് അത് കര്‍ശനമായി പാലിക്കുന്നതിനു തന്നെയാണ്. ഒരു സ്ഥാപനത്തിനുവേണ്ടി ഒപ്പിടാന്‍ അധികാരപ്പെടുത്തിയ ആള്‍ എന്ന നിലയില്‍ കേസില്‍ കൂട്ടുപ്രതിയായ സ്ത്രീയെ അറസ്റ്റ് ചെയ്ത കേസിലാണ് പ്രശ്നമായത്. രാത്രി സമയത്ത സ്ത്രീയെ അറസ്റ്റ് ചെയ്യണമെന്നങ്കില്‍ ഒഴിവാക്കാനകാത്ത സാഹചര്യത്തില്‍, അതും വനിതാ പോലീസിന്‍റെ സാന്നിദ്ധ്യത്തില്‍ മാത്രമേ ആകാവൂ. അതും മജിസ്ട്രേറ്റിന്‍റെ മുന്‍കര്‍ അനുമതിയേടുകൂടി മാത്രം. ഇതൊന്നും പാലിക്കാതിരുന്നതിനാണ് ബോംബെ ഹൈക്കോടതി സിബിഐ ക്ക് പിഴ വിധിച്ചത്. (WPC 1142/2018)

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