Supreme Court raps Rajasthan High Court for preventing some arrests during lockdown

Tribune News Service

New Delhi, September 29

The Supreme Court on Wednesday frowned upon a Rajasthan High Court order restraining the police from arresting accused in certain categories of cases in view of Covid-19 and lockdowns.

A Bench of Justice LN Rao and Justice Aniruddha Bose said the order potentially violated constitutional rights of individuals by putting fetters on power of investigation of the police. As the high court’s orders were applicable only till July 17, the Bench refrained from formally quashing them even as it allowed the appeal against the said orders.

The SC had in May stayed a Rajasthan High Court’s controversial order restraining the police from arresting accused charged under offence punishable with a maximum sentence of up to three years till July 17 and not to list pre-arrest bail applications before the High Court as well as sessions court. In a rare move, the Rajasthan High Court itself had approached the Supreme Court against its own single judge’s order to the DGP not to arrest such accused. The HC had challenged the order on the ground that the direction will “create a situation of lawlessness” and that it ignored the settled principle of law that Chief Justice is the “Master of Roster” of the HC.

The single judge “erroneously violated” the principle of law, rulings and conventions by “interfering into the exclusive administrative jurisdiction of the Chief Justice”, the Rajasthan High Court submitted through its Registrar General.

What the apex court said

A Bench of Justice LN Rao and Justice Aniruddha Bose said the order potentially violated constitutional rights of individuals by putting fetters on power of investigation of the police.