*The Delhi High Court has observed that no arrest should be made merely for the reason that that…

*The Delhi High Court has observed that no arrest should be made merely for the reason that that it is lawful, thereby adding that the police officer has to justify the arrest apart from his power to do so.*

Referring to the Supreme Court judgment in Satendar Kumar v. CBI which has discussed compliances of sec. 41 and 41A of the Code of Criminal Procedure, 1943, Justice Anu Malhotra was of the view that the said provisions have to be adhered to by the Investigating Agency in the event the police officer considers it essential to arrest the accused persons.

"It is essential to observe that the said provisions come into play at the time of arrest of a person and the requirement of calling upon a person to appear before the police officer on his having credible information or where there is a reasonable suspicion of that person having committed a cognizable offence," the Court said. It added, "This is so as no arrest should be made because it is lawful for the police officer to do so as the police officer has to justify to the arrest apart from his power to do so as laid down in Siddharam Satlingappa Mhetre."