Investigation Cannot Be a Punishment: Supreme Court Reinforces Personal Liberty and Article 21
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The Supreme Court has observed that the process of investigation must not be used as a tool for harassment or become a punishment in itself. Emphasizing the right to a speedy trial under Article 21, the Court called for a balance between the power of arrest and the sanctity of personal liberty.
The Supreme Court of India, in a significant observation, has reiterated that the process of investigation should not be converted into a form of punishment. While hearing a petition concerning prolonged incarceration without the commencement of a trial, the bench emphasized that the right to a speedy trial is a fundamental right guaranteed under Article 21 of the Constitution.
The Court noted that investigative agencies often resort to prolonged detention, which effectively serves as a pre-trial punishment, undermining the presumption of innocence. The bench remarked that while agencies have the power to arrest and investigate, this power is not absolute and must be exercised within the framework of constitutional morality. The necessity of arrest must be clearly established by the state, rather than being a routine or mechanical exercise. The court expressed concern over cases where individuals are kept in custody for years without a trial, stating that such a process violates the core tenets of justice.
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