Punjab and Haryana High Court stated that Anticipatory Bail is not a Fundamental Right
Anticipatory Bail not a Fundamental Right – The Punjab and Haryana High Court recently stated that getting anticipatory bail is not a fundamental right for those who apply for it. While speaking on this matter, Justice Rajbir Sehrawat although an accused is still a citizen of India and he has a fundamental right to life and liberty. But these rights could be curtailed accordingly as the law has established several procedures.
Justice Shehrawat stated that in order to curtail the liberty and life of an accused, one should refer CrPC. This section makes it clear that an investigating officer can arrest an accused without having a warrant and he doesn’t need a court’s order, interference or assistance in order to carry out his duties.
However, in order to ensure that this law is not misused and a person is not harassed in any such case where the circumstances could lead to the accused’s ex-facie innocence, the Indian courts have been granted certain extraordinary and special powers under CrPC’s Section 438.
Justice Sherawat further asserted that the statutory power of granting an accused the pre-arrest bail is so extraordinary that one may not get it even in all parts of the country. Sometimes qua some offences are categorised under special statutes all over the country. Therefore, the right to get anticipatory bail doesn’t come under fundamental right. CrPC’s Section 438 has a provision where an accused gets right to liberty which would be decided by the court.
On April 8 this year, Ambala district’s Naraingarh Police Station had registered a case under the provision of Narcotic Drugs and Psychotropic Substances Act. The Court was conducting the hearing for anticipatory bail of the accused in this case.