The directive came weeks after Bihar Chief Minister Nitish Kumar lodged a protest with the Union Home Ministry complaining that the Karnataka Police arrested a terror accused from Darbhanga in a "brazen" action without informing his state.
Maharashtra ATS had arrested one Taqi Ahmed, who was being cultivated by the Delhi Police as a terror informer and was helping them in an operation to nab Yaseen Bhatkal, one of the founders of banned Indian Mujahideen terror outfit.
In its directive, the Home Ministry said under CrPC, a person can be arrested anywhere in India but when a warrant directed to a police officer is to be executed beyond the local jurisdiction of the court issuing, he should ordinarily take it for endorsement either to an executive magistrate or to the in-charge of the local police station.
However, where there is a reason to believe that delay in obtaining the endorsement will prevent such execution, the person should be produced before a magistrate after his arrest within 24 hours.
"Some incidents have been reported to have occurred when police officers belonging to one state had gone to another state to arrest some fugitives. It is seen that in many cases, the police officers carrying out arrest in another state bring back the arrested person and produce him before the magistrate in their own jurisdiction," the Home Ministry said.
However, this procedure is not in accordance with law. According to Section 80 (CrPC), a person arrested must be produced before executive magistrate within whose jurisdiction the arrest was made.
"It is emphasised that Section 80 (CrPC) must be complied with in every case," it said.
The Home Ministry also said in some instances, the police of some states have brought to its notice the lack of cooperation by the police of another state in carrying out the arrest of a fugitive.
In this modern age, criminals flee to another state after committing a crime and unless there is coordination and cooperation between the police forces of the states, these criminals will not be brought to justice, it said.
"It is, therefore, necessary that appropriate coordination is established with the police police in whose jurisdiction the criminal is reportedly found and such coordination having been established, it is expected that the state police in whose jurisdiction the fugitives is hiding will provide the required cooperation and assistance in his arrest and dispatch to be produced before the court having jurisdiction in the case," the Home Ministry said.
