Shivangi Prakash-
Published On: September 30, 2021 at 12:45 IST
The Supreme Court overturned a single Judge’s Order from the Rajasthan High Court that guided the Police not to arrest people charged with crimes punishable by less than 3 years of Imprisonment, ruling that such orders amounted to “Putting fetters on the Investigating Agency” and risked violating citizens’ Constitutional Rights.
The controversial order by a Single Bench of the High Court had been delayed by the top Court on May 25.
The Supreme Court then considered whether the High Court had made the appropriate Decision in issuing the order. It did not overturn the High Court’s decision, but it did make it plain where it stood.
Unexpectedly, the Rajasthan High Court had petitioned the Supreme Court to overturn a Judgement issued by Justice Pankaj Bhandari’s Single-Judge Panel on May 17.
The High Court also overturned the same Judge’s March 31, 2020 ruling instructing the High Court registry not to include Bails, Appeals, Motions for suspension of Punishment in Appeals, and Modifications as “very urgent cases.”
A Bench of Judges L Nageswara Rao and Aniruddha Bose heard the two appeals and said, “The directions of the High Court cannot be sustained as it amounts to putting fetters on the powers of investigating agency” and this has the potential of “violating constitutional rights of individuals”.
Justice Pankaj Bhandari urged the Rajasthan Director General of Police (DGP) to send directions to all officers not to initiate arrests for offences punishable by up to three years in prison in his May 17 order.
The Order further instructed the Rajasthan High Court Registry not to list Anticipatory Bail applications in cases where the maximum penalty was up to three years and the case may be heard by a First class Magistrate.
This aspect of the order was made operable until the Rajasthan High Court reopened after the summer recess.
The Single Judge “erroneously violated” the principle of law, rulings and conventions by “Interfering into the exclusive administrative jurisdiction of the Chief Justice”, the Rajasthan High Court submitted through its Registrar General.
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