Bhubaneswar, May 12: The Odisha High Court has issued detailed guidelines emphasizing that any individual arrested must be produced before the nearest magistrate within 24 hours, as mandated by law. The court made it clear that police cannot bypass this procedure, even if the arrest is made from another state.

During a recent bail hearing, Justice Gaurishankar Satapathy observed that failure to present an accused before a magistrate violates fundamental rights, and in such cases, granting bail becomes the court’s duty. Following this principle, the accused in the matter was granted bail.

The case relates to V. Dilli Kumar of Raighar police station in Nabarangpur district, who was charged with human trafficking and gang rape. The accused allegedly lured laborers and transported them to Andhra Pradesh, where they were subjected to exploitation. Although the police arrested him from Andhra Pradesh, they failed to produce him before the local magistrate within the required 24-hour period.

The High Court has now laid down a comprehensive protocol for such cases.
Police officers must:

· Produce any detainee before the local magistrate within 24 hours of arrest.

· Provide all relevant details of the accused to the magistrate.

· Submit all arrest-related information to the local police station, even for arrests outside the state, via email or other official channels.

· Inform a senior police officer in the area where the arrest occurred.

Additionally, copies of the court’s orders will be sent to the Home Department Secretary, Police DG, all criminal courts, Odisha Judicial Academy, and the State Legal Services Authority to ensure proper implementation.

The High Court stressed that presenting an accused promptly is not merely a formality but essential for protecting the detainee’s fundamental rights. These measures aim to prevent any future violations of arrest procedures and uphold constitutional safeguards.