Today(on 25th July), The Calcutta High Court emphasized the need for probable cause to issue an arrest warrant, declaring that issuing one without reasonable grounds infringes on personal liberty. This observation led to the dismissal of an arrest warrant from the Jhargram court during a hearing before Justice Shubra Ghosh.
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KOLKATA: The Calcutta High Court emphasized the necessity of probable cause for issuing an arrest warrant, emphasizing that doing so without reasonable grounds constitutes an interference with personal liberty. This observation was made during a hearing on Today(on 25th July).
The case in question involved an arrest warrant issued by the Jhargram court against an individual. The individual contested this warrant, bringing the matter before the Calcutta High Court. The hearing took place in the bench of Justice Shubra Ghosh, who raised objections to the lower court’s decision and subsequently dismissed the arrest warrant.
A single bench of Justice Ghosh remarked-
“Issuing an arrest warrant under a non-bailable clause without adequate justification constitutes an infringement on personal liberty. Such arrest or imprisonment in these circumstances constitutes a violation of fundamental rights.”
This statement highlighted the Court’s stance on the sanctity of personal freedom and the necessity for judicial prudence in such matters.
The High Court also noted that the judge from the lower court had failed to exercise proper judgment in this instance.
“The lower court judge failed to exercise judicial discretion.”
– Justice Ghosh stated, underlining the importance of thorough judicial scrutiny before issuing such warrants.
The Calcutta High Court further clarified the conditions under which a non-bailable arrest warrant can be issued. The Court elaborated that if an individual is charged under a bailable section or is summoned but fails to comply, a non-bailable arrest warrant may be issued to ensure the person’s appearance in court.
The case reviewed by Justice Ghosh’s bench on Thursday stemmed from an incident on November 26, 2015, which was initially reported at the Jhargram police station. The individual in question was not named in the original First Information Report (FIR). His name was later added in an additional FIR, with some bailable charges brought against him by the police. However, when the police filed the charge sheet in 2021, his name was not included.
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Despite this, the lower court recently issued an arrest warrant related to the 2015 case against the individual, prompting him to seek redress from the High Court. In its ruling, the High Court dismissed the lower court’s order, reinforcing the need for adherence to legal protocols.
“Arrest or imprisonment in these cases constitutes a violation of fundamental rights.”
-reiterated Justice Ghosh, emphasizing the fundamental principle of personal liberty.
The High Court’s decision serves as a crucial reminder to lower courts about the importance of exercising judicial discretion and ensuring that arrest warrants are issued based on sound legal grounds. The ruling also aims to protect individuals from unwarranted legal actions that could infringe upon their personal freedoms.
