Supreme Court Awards ₹25,000 as Costs for Arresting Accused on Anticipatory Bail to Gujarat Cop

Supreme Court Awards ₹25,000 as Costs for Arresting Accused on Anticipatory Bail to Gujarat Cop

The Supreme Court has recently imposed a fine of ₹25,000 on a police officer in Gujarat for arresting a person granted anticipatory bail. The development assumes significance in as much as the top court's move respects judicial orders and ensures protection of rights of every individual in criminal justice dispensation. Background of the Case It started with the granting of anticipatory bail to an accused in a crime in Gujarat by the court. Anticipatory bail is a legal provision to protect an individual from arrest in anticipation conditions, the accused was arrested by the police officer. Legal Proceeding :The matter reached the Supreme Court after the arrest, where the accused pleaded that the arrest was illegal and asked for action against the concerned police officer. The Supreme Court viewed the matter seriously, and it mentioned that the arrest clearly infringed on the anticipatory bail order. Such acts by the police undermine the rule of law and render the entire judicial machinery suspect. Supreme Court Verdict :The Supreme Court similarly condemned the Gujarat police officer to a fine of ₹25,000 for arresting Fitzgerald. The apex court, in its order, said that it was bound upon every party to act in compliance with the judicial orders and that too by the police department as well. According to the observation made during the hearing, it has been determined that the role of the officer involved not only illegally but also committed an offense against the judiciary's authority. The Supreme Court was also dealing with the role of the sessions judge who passed the remand order of the accused after arrest. Once it was found that such a remand order was passed when the anticipatory bail was operating, once the court considered initiating action against the judge. After Sessions Judge filed unconditional apology, the Supreme Court decided to close the proceedings against her. The court accepted her apology and decided not to take any further action against her. Importance of the Judgment This judgment is an important reminder that the rule of law has to be implemented and that courts must be respected. The judgment pronounced by the Supreme Court has strengthened the principle that anticipatory bail is an important legal privilege, which has to be respected by all law-enforcing agencies. A fine imposed on the police officer sends quite a clear message that violations of judicial orders are not to be tolerated and the rights of individuals, protected effectively by the law, have to be respected.The decision of the Supreme Court in this case thus only reiterates the rule of law and the requirement of all organs of state, including the police, to act in compliance with the directions issued by the courts. The fact that further proceedings against the sessions judge were closed after she tendered her apologies shows the balanced approach of the court in handling bona fide mistakes.

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