Personal liberty crucial, arrest should not be routinely made: SC

The SC noted a distinction must be made between the existence of the power to arrest and the justification for exercising it. File pic

Merely because an arrest can be made as it is lawful does not mandate that it must be made, the Supreme Court has said, while observing that personal liberty is an important aspect of constitutional mandate.

A bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy said if arrest is made routine, it could cause "incalculable harm" to the reputation and self-esteem of a person.

"We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond," the bench said in its order passed earlier this week.

The top court passed the order while hearing a plea against the Allahabad High Court verdict, dismissing an application seeking anticipatory bail in a case in which FIR was filed seven years ago.

While setting aside the HC order, the bench said when the petitioner has joined the probe which is complete and he has been roped in after seven years of lodging of FIR, there is no reason why at this stage he must be arrested before the charge sheet is taken on record.

It noted that a distinction must be made between the existence of the power to arrest and the justification for exercising it.

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