What is the News?
The Supreme Court has cautioned the High Courts from passing blanket orders for protecting the accused from arrest during the pendency of an investigation.
What was the case?
- In 2020, the Bombay High Court in an interim order directed that no coercive measures shall be adopted against the accused. The order was with reference to an FIR lodged in 2019 on allegations of cheating, forgery, and others.
What did the Supreme Court say?
- The Supreme Court quashed the judgment of the Bombay High Court.
- The Court also held that High Courts must not pass blanket orders protecting the accused from arrest during the pending investigation.
- In case, if it ordered no coercive steps (are) to be adopted, then the High Court must clarify what it means. Because coercive steps have a chance of misunderstood and/or misapplied.
- Further, the court also reiterated that FIR is not an encyclopedia. As the FIR cannot disclose all facts and details relating to the offense.
- Hence, when an investigation by the police is in progress, the court should not go into the merits of allegations in the FIR. The court must allow police to complete the investigation.
Source: Indian Express