Don't issue arrest warrants mechanically, says SC
Citizen's liberty curtailed by cops' misuse of warrants, says the apex court
Taking note of the abuse of bailable and non-bailable warrants by law enforcement agencies, the Supreme Court (SC) has asked the trial courts not to issue such warrants mechanically. Given the rampant misuse of such warrants by the police, it has asked the subordinate courts not to give the cops a long time for the execution of the warrants, "as experience has shown that warrants are prone to misuse if they remain in the control of executing agencies for long."
This is vital for the protection of the citizens' right to life and liberty, it said, adding that the execution of a non-bailable warrant curtails the liberty of a person.
"Warrant of arrest cannot be issued mechanically, but only after recording satisfaction that in the facts and circumstances of the case, it is warranted," a bench of Justices D K Jain and H L Dattu said while allowing the law suit filed by a Mumbai-based lawyer, Raghuvansh Dewan Chand Bhasin, challenging the provision for bailable and non-bailable warrants. Bhasin is seeking exemplary punishment for a cop who had kept him in unlawful custody in 2002 using a warrant issued in 2000.
The trial court and the Bombay High Court had directed the cop to pay Rs2,000 as compensation to Bhasin who "faced the illegality meant to denigrate and humiliate him at a public place, in public view, during the course of Independence Day celebrations at Radio Club".
"Regrettably, Bhasin lost his freedom, though for a short while, on Independence Day," the judges said, expressing their concern.
The SC's statements on Saturday assume significance in view of the 2004 incident when a Gujarat Metropolitan Magistrate MS Brahmbhatt issued bailable warrants against President APJ Kalam, chief justice of India VN Khare, a sitting SC judge SC Agrawal, and former president of the apex court bar association RK Jain. All this cost just Rs40,000. A TV journalist paid the money to a lawyer, who, with the help of a court staffer, got Brahmbhatt's signatures on the warrants.
On the direction of the Gujarat HC, Brahmbhatt was sacked, and all the warrants were cancelled.
On its part, the SC initiated contempt action against the judge and the journalist for misusing the law. In the Bhasin case, the apex court has upheld the Bombay HC ruling that an amount of Rs2,000 be paid to Bhasin by the cop.
Citizen's liberty curtailed by cops' misuse of warrants, says the apex court
Taking note of the abuse of bailable and non-bailable warrants by law enforcement agencies, the Supreme Court (SC) has asked the trial courts not to issue such warrants mechanically. Given the rampant misuse of such warrants by the police, it has asked the subordinate courts not to give the cops a long time for the execution of the warrants, "as experience has shown that warrants are prone to misuse if they remain in the control of executing agencies for long."
This is vital for the protection of the citizens' right to life and liberty, it said, adding that the execution of a non-bailable warrant curtails the liberty of a person.
"Warrant of arrest cannot be issued mechanically, but only after recording satisfaction that in the facts and circumstances of the case, it is warranted," a bench of Justices D K Jain and H L Dattu said while allowing the law suit filed by a Mumbai-based lawyer, Raghuvansh Dewan Chand Bhasin, challenging the provision for bailable and non-bailable warrants. Bhasin is seeking exemplary punishment for a cop who had kept him in unlawful custody in 2002 using a warrant issued in 2000.
The trial court and the Bombay High Court had directed the cop to pay Rs2,000 as compensation to Bhasin who "faced the illegality meant to denigrate and humiliate him at a public place, in public view, during the course of Independence Day celebrations at Radio Club".
"Regrettably, Bhasin lost his freedom, though for a short while, on Independence Day," the judges said, expressing their concern.
The SC's statements on Saturday assume significance in view of the 2004 incident when a Gujarat Metropolitan Magistrate MS Brahmbhatt issued bailable warrants against President APJ Kalam, chief justice of India VN Khare, a sitting SC judge SC Agrawal, and former president of the apex court bar association RK Jain. All this cost just Rs40,000. A TV journalist paid the money to a lawyer, who, with the help of a court staffer, got Brahmbhatt's signatures on the warrants.
On the direction of the Gujarat HC, Brahmbhatt was sacked, and all the warrants were cancelled.
On its part, the SC initiated contempt action against the judge and the journalist for misusing the law. In the Bhasin case, the apex court has upheld the Bombay HC ruling that an amount of Rs2,000 be paid to Bhasin by the cop.
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