No high court should protect an accused from arrest while refusing to quash FIR: SC
The SC has recently ruled that no high court should protect an accused from arrest while rejecting his petition for quashing of the FIR. The court took serious objection to an order passed by the Telengana HC, which ordered police not to arrest Habib Abdullah Jeelani, even while rejecting his plea, for quashing of the criminal case arising from assaulting a person with dangerous weapons.
The court stated that it is absolutely inconceivable and unthinkable to pass an order of the present nature while declining to interfere or expressing opinion that it is not appropriate to stay the investigation. The order has no sanction in law. The courts should oust and obstruct unscrupulous litigants from invoking the inherent jurisdiction of the court on the drop of a hat to file an application for quashing of launching an FIR or investigation and then seek relief by an interim order. It is the obligation of the court to keep such unprincipled and unethical litigants at bay.
The court took note of certain orders passed by high courts asking the trial courts to grant bail to the accused once he had surrendered. The bench said such orders neither have the sanction of law nor conceivable in the light of law declared by the apex court.
The court set aside the Telengana high court's decision and directed that police should proceed with the investigation into the criminal case in accordance with law.
OUR TAKEOne of the major issues the country is facing is that the courts some times get affected by the ruling Governments and try to protect their corrupt and criminal leaders. This hampers with the justice delivery system in the country. The Judiciary needs to stay entirely unaffected by the outside forces and act in a more reasonable and judicial manner in accordance with the law.
Visit the Indian Kanoon section of LawRato to learn more on Indian Laws.
Get Started >>
Answers by Our Lawyers
- In-laws and husband asking me to give them my salary - is it legal?
- Unable to pay loan taken from bank what options do i have
- Ancestral property taken by nana's brtoher's son. How to claim it?
- Cheque bounced.Who has to give evidence regarding date of issue of it?
- Papers needed to file mutual Divorce