Arrest is a draconian measure curtailing liberty, to be used carefully: Supreme Court
India Today
The bench, comprising Justice SK Kaul and Justice MM Sundresh, noted that the jails in India are flooded with under trial prisoners and the statistics indicate that more than two-thirds of the prison inmates constitute under trial prisoners.
While issuing important directions to the investigating agencies and subordinate courts regarding grant of bail, the Supreme Court has observed that arrest is a draconian measure resulting in curtailment of liberty, and is to be used sparingly.
“In a democracy, there can never be an impression that it is a police state as both are conceptually opposite to each other,” a bench comprising Justice SK Kaul and Justice MM Sundresh observed.
The bench also asked the Government of India to consider the introduction of a separate enactment in nature of bail act to streamline grant of bails.
Indian jails flooded with under trial prisoners
The bench noted that the jails in India are flooded with under trial prisoners and the statistics indicate that more than two-third of the prison inmates constitute under trial prisoners.
“Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less. They are not only poor and illiterate but also would include women,” the court observed.
The court observed that it expects the courts to come down heavily on the officers effecting arrest without due compliance of Section 41 and Section 41A.
