‘Sessions court has to give reasons for arrest warrant’
Times of India | 26 July 2024
Kolkata: The Calcutta High Court recently maintained that arrest warrants should not be issued mechanically by courts and they must be justified with valid reasons. This ruling was made in a case concerning malpractice at three branches of a co-operative bank in Midnapore.
Referring to a Supreme Court order, the high court said issuance of non-bailable warrant involves “interference with personal liberty and arrest and imprisonment means deprivation of the most precious right of an individual.” Hence, certain parameters need to be followed.
Justice Suvra Ghosh in her order said, “Trial court has issued warrant of arrest against the petitioners mechanically without application of mind.”
While setting aside the arrest warrant issued by Additional Sessions Judge, 1st Court, Jhargram, against five villagers, the Single Bench directed them to appear before the trial court within 10 days.
In the 2015 case, a gold appraiser in a Vidyasagar Central Co-Operative Bank Ltd branch in Midnapore was caught for alleged malpractice. It was alleged that most of the “gold items” he had appraised were fake. Similar malpractice was found in two other branches.
A combined charge sheet was submitted against six individuals. In 2023, an arrest warrant was issued against five villagers without assigning any reason. It was noted that the villagers were not charged with Section 409 of IPC which is considered a heinous crime.