Arrest without reason, bail denial violation of fundamental right:Supreme Court
PRESS TRUST OF INDIA
New Delhi, Dec 4: The Supreme Court has said the police should not arrest people on flimsy grounds as it could lead to great ignominy and denial of anticipatory bail was also a violation of an individual's fundamental right to personal liberty.
A Bench of Justices Dalveer Bhandari and K S Radhakrishnan said in a judgement on Friday that anticipatory bail granted to a person should continue till the conclusion of the trial and no conditions should be imposed for the accused to surrender to obtain a regular bail.
“A great ignominy, humiliation and disgrace is attached to the arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community. Most people do not make any distinction between arrest at a pre-conviction stage or post-conviction stage.”
“The proper course of action ought to be that after evaluating the averments and accusation available on the record if the court is inclined to grant anticipatory bail, then an interim bail be granted and notice be issued to the public prosecutor," Justice Bhandari, writing the judgement, said.
The apex court made the remarks while granting anticipatory bail to Siddharam Satlingappa Mhetre, a Congress leader allegedly involved in the killing of a BJP worker on September 26, 2009, in Maharashtra.
Mhetre moved the apex court after the Bombay High Court had dismissed his anticipatory bail plea.
Lastupdate on : Sat, 4 Dec 2010 21:30:00 Makkah time
Lastupdate on : Sat, 4 Dec 2010 18:30:00 GMT
Lastupdate on : Sun, 5 Dec 2010 00:00:00 IST
- MORE FROM NEWS
GK NEWS NETWORK
Srinagar, Dec 4: CPI (M) State Secretary M Y Tarigami has called for a comprehensive reservation policy for the disabled in private educational institutions, training and professional colleges and other More
- Srinagar City
Govt departments disown responsibility for monument protection; Not our baby alone says Archaeology; Conservation dependant on removal of encroachments, says Tourism
WHO is responsible for protection of the historic Kalai (Mughal City Wall) in this City in the Himalayas? Well, the concerned departments disown the responsibility as they pass the buck on to each other More
CBI books 4 Konkan Railways officials
‘PRIVATE COMPANIES ALSO IN THE DOCK’
Jammu, Dec 4: The Central Bureau of Investigation has booked five persons of Konkan Railways and registered case against some private companies in connection with a scam of over Rs 3.7 crore in construction More
- News in Brief
Kangan: The Kangan police has refuted a news report carried by a newspaper that it was harassing Muhammad Shafi Khan of Gooripoa Kangan and his sons. The police said Khan and his sons were “wanted” in More
HCL inked management contract with
MUMBAI-BASED FIRM IN SEPT: KASHMIR INC
Srinagar, Dec 4: Valley’s apex business body, the Kashmir Chamber of Commerce and Industry, today said the Hotel Corporation of India (HCL) has “inked a management contract with a Mumbai-based hospitality More
PRESS TRUST OF INDIA
New Delhi, Dec 4: Railways have successfully completed construction of a crucial tunnel between the Katra-Qazigund section of the prestigious Kashmir rail link project. "The major breakthrough came More