SC seeks reconsideration of its earlier decision on police remand

The bench in its order said, “The appellant-CBI is permitted to have the police custody remand of the respondent for a period of four days.”

The Supreme Court on Monday sought reconsideration of its 1992 ruling according to which an accused cannot be kept in police custody beyond a period of 15 days from arrest.

The bench observed, “No accused can be permitted to play with the investigation and/or the court’s process.” (Agencies)

Dealing with the subject in an appeal filed by the Central Bureau of Investigation (CBI) to set aside default bail granted to a person arrested in connection with a coal scam in West Bengal, a bench of justices MR Shah and CT Ravikumar said, “It is true that in the case of Anupam J Kulkarni (1992), this court observed that there cannot be any police custody beyond 15 days from the date of arrest. In our opinion, the view taken by this court requires re-consideration.”

Modifying the Calcutta high court order granting bail, passed on September 30, the court allowed the premier investigating agency to take accused Vikas Mishra into custody for a period of four days after it found merit in the submissions of the agency that despite an order of the trial judge granting police custody, “he frustrated the order by getting admitted in hospital.”

The bench observed, “No accused can be permitted to play with the investigation and/or the court’s process. No accused can be permitted to frustrate the judicial process by his conduct. It cannot be disputed that the right of custodial interrogation/investigation is also a very important right in favour of the investigating agency to unearth the truth, which the accused has purposely and successfully tried to frustrate.”

CBI had got police custody remand of the accused for a period of seven days on April 16, 2021 but could interrogate him only for two-and-a-half days as he got admitted in hospital. “By not permitting the CBI to have the police custody interrogation for the remainder period of seven days, it will be giving a premium to an accused who has been successful in frustrating the judicial process,” the bench observed, while permitting CBI to have the remaining period of the seven-day remand.

The accused Mishra was arrested in connection with a criminal case lodged in November 2020 by the anti-corruption branch of the CBI at Kolkata against officials of Eastern Coalfield Limited, the central industrial security force (CISF), railways and others for the commission of offences under criminal conspiracy and breach of trust punishable under Sections 120B/409 of the Indian Penal Code and provisions of the Prevention of Corruption Act.

The bench in its order said, “The appellant-CBI is permitted to have the police custody remand of the respondent for a period of four days.”