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civil liberties

Verdict upholds personal liberty

The Supreme Court order dispensing with the need to arrest every accused routinely, especially when he is cooperating with the investigation, is a landmark judgement going a long way in upholding the personal liberty of an individual guaranteed under the Constitution. “Merely because an arrest can be made because it is lawful, does not mandate that arrest must be made,” the court observed. Though the relevant law has been read down by several high courts, the lower judiciary often continues to insist on the arrest of an accused as a pre-requisite to taking cognizance of the charge sheet under Section 370 of the Criminal Procedure Code (CrPC). In the instant case, the appellant, who had joined the investigation in an FIR registered against him and others seven years ago, was sought to be arrested at the time of filing the charge sheet. The court, while granting bail to the accused, rightly deprecated the trial court’s view that unless a person is taken into custody, the charge sheet will not be taken on record, and has at the same time observed that Section 370 does not impose an obligation on the investigating officer to arrest each and every accused.

23 August 2021, 06:08 IST

Verdict upholds personal liberty

Verdict upholds personal liberty

Verdict upholds personal liberty

23 August 2021, 06:08 IST

Afghanistan: A tragedy in many acts

Afghanistan has fallen to the Taliban. The words of W B Yeats -- spoken a century ago -- that the worst are full of passionate intensity, while the best lack all conviction, come to mind. The United States, the greatest power in the world, lacked all conviction in mainstreaming the Taliban, determined to make an exit from a ‘forever war’ that provided no promise of victory.

20 August 2021, 06:06 IST

Afghanistan: A tragedy in many acts

Afghanistan: A tragedy in many acts

Afghanistan: A tragedy in many acts

20 August 2021, 06:06 IST