Arrest without reason violation of fundamental right: SC

The Supreme Court today said police should not arrest people on flimsy grounds as it could lead to great ignominy and denial of anticipatory bail was also a violation of an individual’s fundamental right to personal liberty.


A Bench of Justices Dalveer Bhandari and K S Radhakrishnan said in a judgement that anticipatory bail granted to a person should continue till the conclusion of the trial and no conditions should be imposed for the accused to surrender to obtain a regular bail.

“A great ignominy, humiliation and disgrace is attached to the arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community. Most people do not make any distinction between arrest at a pre-conviction stage or post-conviction stage.

“The proper course of action ought to be that after evaluating the averments and accusation available on the record if the court is inclined to grant anticipatory bail, then an interim bail be granted and notice be issued to the public prosecutor,” Justice Bhandari, writing the judgement, said.

The apex court made the remarks while granting anticipatory bail to Siddharam Satlingappa Mhetre, a Congress leader allegedly involved in the killing of a BJP worker on September 26, 2009, in Maharashtra.

Mhetre moved the apex court after the Bombay High Court had dismissed his anticipatory bail plea.