New Delhi, August 20

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.

Can cause harm

If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. Supreme Court

The apex court said, “If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person.” A Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy said if the investigating officer of a case does not believe that the accused will abscond or disobey the summons, he or she is not required to be produced before the court in custody.

“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.

The top court passed the order while hearing a plea against the Allahabad High Court verdict which had dismissed an application seeking anticipatory bail in a case in which FIR was registered seven years ago. —PTI