Supreme Court cautions HCs over passing orders against arrest

In a significant judgement, the Supreme Court on Tuesday declared that high courts should not routinely, casually or mechanically pass interim orders for "no coercive steps" against accused in criminal cases.

Maintaining that the functions of the judiciary and the police are complementary, and not overlapping, it said the court and the judicial process should not interfere at the stage of investigation of offences, except in exceptional cases where non-interference would result in miscarriage of justice.

"Normally, when the investigation is in progress and the facts are hazy and the entire evidence or material is not before the high court, it should restrain itself from passing an interim order not to arrest or adopt coercive steps, and the accused should be relegated to apply for anticipatory bail before the competent court," a three-judge bench presided over by Justice D Y Chandrachud said.

The top court said the high court is not justified in passing the order of not to arrest the accused either during the investigation or till the investigation is completed, while dealing with a petition under Section 482 of the Criminal Procedure Code (CrPC) or under Article 226 of the Constitution to quash the criminal case.

"Extraordinary and inherent powers of the court do not confer an arbitrary jurisdiction upon it to act according to its whims or caprice," the bench said.

Justice M R Shah, writing the judgement on behalf of the bench, also comprising Justice Sanjiv Khanna, laid down detailed guidelines for high courts in dealing with petitions under Section 482.

The court passed its judgement, allowing a petition filed by M/s Neeharika Infrastructure Pvt Ltd against an interim order by the Bombay High Court, which protected the accused against any coercive step, including arrest, in an FIR related to forgery and fabrication of board resolution of the company to indulge in sale of property measuring 1,11,882 sq feet in Mumbai.