The Supreme Court has decided to reconsider its decision taken in 1992, which stated that a person cannot be detained in police custody after the expiry of fifteen days from their initial arrest in a case.
A bench consisting Justice MR Shah and Justice CT Ravikumar said that sometimes, the remand period can get over by the time, the higher court sets aside an incorrect decision denying custody.
The Court said this while it allowing the appeal of a September 2022 Calcutta High Court order partially which granted statutory/default bail to a public servant accused of corruption.
A special judge from CBI had granted a week’s time in police remand, but the person could not be interrogated by the agency as he was in hospital at the time. The High Court had granted bail as the chargesheet had not been filed within 90 days.
The agency then moved the Apex Court stating that the accused had frustrated the remand order by getting hospitalised on some pretext or the other.
The Supreme Court at the outset said that the counsel for the respondent-accused had no answer to its query.
The court said that in a given case it may happen that the learned trial/Special Court refuses to grant the police custody erroneously which as such was prayed within 15 days and/or immediately on the date of arrest and thereafter the order passed by the trial/Special Court is challenged by the investigating agency before the higher Court, namely, Sessions Court or the High Court and the higher Court reverses the decision of the learned Magistrate refusing to grant the police custody and by that time the period of 15 days is over, what would be position?”
The Bench added that no accused can be permitted to play with the investigation and/or the court’s process. No accused can be permitted to frustrate the judicial process by his conduct.
The Court further said that it cannot be disputed that the right of custodial interrogation/investigation is also a very important right in favour of the investigating agency to unearth the truth, which the accused has purposely and successfully tried to frustrate.”
The court finally gave four days’ custody of the accused to the CBI.
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