The Supreme Court has said that a fair investigation is necessary in the criminal case but courts have to ensure that criminal law is not used as a weapon to torture a citizen. A bench headed by Supreme Court Justice DY Chandrachud said that human liberty is a valuable constitutional right. The High Court has unlimited powers so that the constitutional values and liberty of the people are protected.
High court has got unlimited rights to preserve Liberty
The Supreme Court held that human liberty is an important and valuable right under the Indian Constitution. There is no doubt that this is within the purview of the law. The High Court has the power under Section-482 of the CrPC to prevent misuse of any legal process so that justice can be completed. The High Court should exercise its authority. The High Court should work in accordance with the intention of the Supreme Court. The High Court has the right to stop the misuse of the law. He must do full justice to preserve Liberty. After independence, Parliament has recognized the immense authority of the High Court so that the constitutional values and liberty of the people are protected. The writ of Liberty is mixed through constitutional fabric.
It is the job of the court to see the misuse of criminal law … Criminal law should not become a weapon
Justice Chandrachud said in his judgment that impartial inquiry is important because it protects the right of Victim. On the other hand, it is the job of the lower court and the high court to see the misuse of criminal law. The court will always have to look at public interest and safeguards vigilantly. A fair investigation of the crime is necessary, but on the other hand, the lower court, the High Court and the Supreme Court must ensure that the criminal law is not a weapon to torture a citizen. The courts have to be vigilant for both aspects. Implementing the Criminal Law on the one hand and ensuring on the other hand that a citizen is not harassed by wrong use of law. Liberty must be at every stage of the human age. The door of the Supreme Court cannot be closed to every citizen who proves at first sight that the government has used criminal law as a weapon against him. The Supreme Court said that the rule of criminal justice system is a bell and not a jail.
The primary responsibility of the court is that Liberty be protected
The Supreme Court said that our courts have to ensure that the defense of the first line is to those who are denied Liberty. It is one day to deny Liberty even one day. Our primary responsibility is to preserve the liberty of all citizens. The Supreme Court upheld the interim relief granted to TV journalist Arnab Goswami, saying that he will continue to get interim bail as long as his application is pending in the High Court. The interim relief will continue for four weeks after the Bombay High Court’s decision. Arnab’s appeal against the FIR in the High Court is pending. Arnab had approached the Supreme Court for not getting interim bail from the High Court. The Supreme Court granted interim bail on 11 November. The Supreme Court on Friday passed a detailed order in that case.