S. Mohan ( 1 ) APPELLANT is 28 years old and is a new lawyer. On 7. 1. 74, S S P of Ghaziabad called him to Police Station for some enquiry. He went there along with his brother and others. He was detained. His brother went in the afternoon but could not find him. Apprehending trouble they sent telegram to C. M. of U. P. In the evening the brother was told that petitioner was in the custody of SHO, P. S. Mussorie and on 8. 1. 94, they were told that said SHO was keeping petitioner about some enquiry. They went to Mussourie on 9. 1. 94 and were not able to meet petitioner. Then instant petition was filed in Supreme Court. On 14. 1. 94, SSP appeared in court alongwith petitioner and stated that petitioner has been released and was taken in for enquiry in abduction case. Habeous Corpus thus became infructuous. But case contains many suspicious facts which Distt. Judge of Ghaziabad should enquire and report within 4 weeks. ( 2 ) IT was held that law of arrest is one of balancing individual rights, liberties and privileges, on the one hand, and individual duties, obligations and responsibilities on the other; of weighing and balancing the rights, liberties and privileges of the single individual and those of individuals collectively: of simply deciding what is wanted and where to put the weight and the emphasis: of deciding which comes first-the criminal or society, the law abider; of meeting the challenge which Mr. Justice Cardozo so forthrightly met when he wrestled with a similar task of balancing individual rights against society s rights and wisely held that the exclusion rule was bad law, that society comes first, and that the criminal should not go free because the constable blundered. ( 3 ) NO arrest can be made because it is lawful for the Police Officer to do so. The existence of power to arrest is one thing. The justification for the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock up of a person can cause incalculable harm to the reputation and self-esteem of a person. The justification for the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a Police Officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to person s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the Officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a police Officer issues notice to person to attend the Station House and not to leave Station without permission would do. ( 4 ) THESE rights are inherent in Articles 21 and 22 (1) of the Constitution and require to be recognised and scrupulously protected. For effective enforcement of these fundamental rights, we issue the following requirements : 1. An arrested person being held in custody is entitled, if he so requests to have have one friend relative or other person who is known to him or likely to take an interest in his Welfare told as far as is practicable that he has been arrested and where he is being detained. 2. The Police Officer shall inform the arrested person when he is brought to the police station of this right. 3. An entry shall be required to be made in the Diary as to who was informed of the arrest. These protections from power must be held to flow from Articles 21 and 22 (1) and enforced strictly. 2. The Police Officer shall inform the arrested person when he is brought to the police station of this right. 3. An entry shall be required to be made in the Diary as to who was informed of the arrest. These protections from power must be held to flow from Articles 21 and 22 (1) and enforced strictly. ( 5 ) IT shall be the duty of the Magistrate, before whom the arrested person is produced, to satisfy himself that these requirements have been complied with. Requirements shall be followed in all cases of arrest till legal provisions are made in this behalf. These requirements shall be in addition to rights found in Police Manuals. These are not exhaustive. DG s of Police of all States shall issue instructions requiring observance of these. Police officer arresting any one should record it in case diary with reasons for arrest.