Citing an incidence of judicial involvement in tweaking the interpretation to suit the purpose of majority, one indigenous man who was arrested without proper papers of evidence against him dies in police custody. The arrest was made on the pretext of preventing social unrest and was on the basis of suspicion. The man is aboriginal and lacks proper access to legal support to prevent his arrest and trail. The irony of the matter is that this arrest without proper evidential papers was introduced as a law by the Northern Territory government. Section 133AB of Police Administration Act allows the police to arrest anyone for four hours for a minor offence even if the offence is not justified (Anthony, 2015).
Case analysis through the perspective of colonial policing and racial punishment
Rationale behind the arrest
The rationale behind such a provision is to uphold social order, and to allow flexibility to the police to detain wrongdoers at their will. This rationale is not compatible with the provision of individual freedom and liberty. Although, the rationale behind such a provision is to enhance social security and peace, the powers of police has gone the other way round which is spoiling the social structure and the beliefs on it. The indigenous man who died was booked for a minor defence. But the law that allowed his arrest is still not fixed and amended. This points out toward the policing in colonisation and the racial punishment. This is because indigenous people are much more likely to be in custody than normal citizens, owing to the lack of legislative protection to the indigenous tribes. Punishment to weaker race becomes easier and within the easy bounds of police when they conduct policing in colonies of the weaker section.