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SC Pulls Up Investigating Agencies For Routine Arrests And Opposing Bail Pleas

By Sunil Garodia
First publised on 2022-04-09 07:25:01

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court came down heavily on investigating agencies for arresting people in routine manner and also opposing bail pleas in routine manner. Due process dictates that suspected persons should not be arrested (except for heinous crimes like rape and murder) as long as they cooperate in the investigation, do not pose a fight risk and are unlikely to tamper with evidence or influence or threaten witnesses. But investigating agencies are increasingly becoming arrest happy and think that custodial interrogation is better.

In the instant case, the court pulled up the Serious Fraud Investigation Office (SFIO) for challenging the anticipatory bail granted to an accused by the Allahabad High Court. The court said "somebody has been granted bail and stringent conditions have been put on him while granting bail. Why do you want to keep swords hanging over them?  How is the impugned judgment wrong?" The court said that investigating agencies should stop thinking that all accused should be kept in jail during the investigation and all bail orders should not be challenged.

The Supreme Court is right in pulling up the investigating agencies for this as it has always held that personal liberty is supreme and 'bail, not jail' is the guiding principle. Further, as the court pointed out, bail is given with stringent conditions attached to ensure the accused cooperates in the investigation, does not abscond and does not get in touch with witnesses to influence them or tamper with evidence. If the accused violate any of the bail terms, the agencies are free to arrest them. Other than that, they must follow due process.

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