MOINUDDIN Vs. STATE

JUDGEMENT

(1.) When this matter was taken up for hearing on the first occasion, i.e. on 20.08.2008, the counsel for the petitioner submitted that he does not press the challenge to the vires of Section 70 of the Delhi Police Act. He, however, prayed for framing of proper guidelines with regard to dealing with matters under Sections 107/151 of the Code of Criminal Procedure, 1973 and for strict compliance with the same. We find that this aspect of the matter has been adequately addressed by the Standing Order no. 189/2008 issued by the Commissioner of Police, Delhi, a copy, whereof is at pages 175 tol78 of the paper book. The relevant portions of the said Standing Order are as under "Since these provisions relate to the liberty to a human being, the Special Executive Magistrate (SEM) is under obligation to hold an inquiry to satisfy himself regarding the existence of material justifying action under this section. Various Courts have issued guidelines regarding the exercise of powers under the above mentioned action. The Hon'ble High Court of Madhya Pradesh (Indore Bench) in Arur Singh v. State of M.P.1 has given the following directions to be followed by all the Magistrates while dealing with cases under section 107/116/151 Cr.P.C. The above mentioned case has been endorsed by the Hon'ble High Court of Delhi in Crl. Ref. No. 1/2007 Court on its Own Motion v. State and Ors.

(2.) From the above, it is clear that the directions which have been issued by the High Court of Madhya Pradesh and which have been endorsed by this court in the case of Court on its own motion v. The State and Ors., (Crl. Ref. No. 1/2007) have been reiterated in the Standing Order. Since those directions of the Courts have already been incorporated in the Standing Order itself, we need not issue any further directions. The grievances of the petitioner are adequately addressed by the Standing Order.

(3.) The writ petition stands disposed of. Petition disposed of.