Police Arresting Accused After Filing Chargesheet & Court’s Cognizance Makes No Sense: Supreme Court

Police Arresting Accused After Filing Chargesheet & Court’s Cognizance Makes No Sense: Supreme Court

In a recent ruling in the case of Musheer Alam v. The Supreme Court of India criticized police agencies for implementing arrests when charge sheets reached courts after they obtained case cognizance. The Indian justice system's bench made specific remarks about Uttar Pradesh police practices after saying an investigation concludes and a charge sheet is filed. Justice JB Pardiwala and Justice R Mahadevan declared that investigations end after filing the charge sheet. The court observed that Investigating officers should conduct interrogations either during the investigative period or not at all. In their decision the court mentioned two prior rulings from Siddharth v State of Uttar Pradesh (2021) and Satender Kumar Antil vs CBI (2021). According to both Satender Kumar Antil vs. CBI (2021) and State of Uttar Pradesh (2021) the police do not need to arrest an accused party when they submit a charge sheet. The court issued bail to Musheer Alam based on his uneventful arrest record while investigating him. The court demanded his presence for trial court activities. According to this ruling unnecessary arrest after charge sheet filing creates procedural problems that damage the process and runs contrary to ongoing judicial efforts to prevent arbitrary detentions.

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