"Merely Because Arrest Can Be Made Doesn't Mean It Must Be Made": Supreme Court

The Supreme Court said if arrest is made routine, it could cause "incalculable harm" to the reputation and self-esteem of a person.

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. The Supreme Court said if arrest is made routine, it could 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 in its order passed earlier this week.