Bureaucracy
Supreme Court: Arrest After Filing Chargesheet Makes No Sense
NEW DELHI: The Supreme Court has criticized the widespread practice in Uttar Pradesh of arresting accused individuals after the filing of a chargesheet, deeming it unnecessary once an investigation is complete. A bench comprising Justices J B Pardiwala and R Mahadevan highlighted that arrests should not be a routine formality, particularly when the accused has cooperated with the investigation and there is no risk of absconding or influencing witnesses.
The court noted that this practice, prevalent in Uttar Pradesh, undermines personal liberty and violates the intent of Section 170 of the Code of Criminal Procedure (CrPC). The bench emphasized, “Once the investigation is complete and a chargesheet is filed, the accused should appear before the trial court and be granted bail. Arresting the person at this stage serves no purpose.”
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The bench’s remarks came while granting bail to an accused who feared arrest after the chargesheet was filed. The court clarified that arrests should only be made during investigations when custodial interrogation is necessary, in cases of heinous crimes, or when there is a likelihood of tampering with evidence or fleeing.
Referring to the 2021 Siddharth vs State of UP case, the court reiterated that forcing arrests before taking chargesheets on record is misplaced. It stated, “Trial courts must not insist on arrests as a pre-requisite for accepting chargesheets. Such practices contradict the CrPC and constitutional safeguards for personal liberty.”
The bench stressed that lawful authority to arrest does not equate to mandatory arrests. Instead, the decision to arrest must be judicious and reserved for situations that genuinely require it.
This ruling underscores the judiciary’s commitment to balancing effective law enforcement with the protection of constitutional rights, urging investigating agencies to exercise discretion and restraint in their actions.
