Safeguarding Liberty Against Illegal Detention Has To Be Dealt With Effectively: Rajasthan High Court
The Rajasthan High Court issued a directive for the Chief Judicial Magistrate (CJM) to provide an explanation for disregarding a previous order from the High Court.
Despite the High Court granting the applicant a bailable warrant, the CJM chose to send the applicant into judicial custody, thus violating the High Court's order. The petitioner filed a petition specifically challenging the CJM's decision to place the applicant in judicial custody.
Justice Pushpendra Singh Bhati observed, “However, before contemplating any adverse order against the Chief Judicial Magistrate, this Court deems it appropriate to take the stand of the Chief Judicial Magistrate on record, and thus, the Registry is directed to call for an explanation from the learned Chief Judicial Magistrate, Banswara, who has passed the order in question, as to under what circumstances, he has flouted the order of this Court, while sending the petitioner/applicant in custody even when the arrest warrant had already stood converted by this Court into bailable warrant”.
The applicant had submitted a petition to the High Court seeking the dismissal of the FIR and the substitution of the arrest warrant with a bailable warrant. The parties notified the Court that they had reached a compromise. Considering the precedent set by the case of Inder Mohan Goswami & Another v. State of Uttaranchal & Others (2008 AIR SC 251), the High Court found it suitable to grant the relief sought by the applicant. Consequently, the original arrest warrant against the applicant was substituted with a bailable warrant.
Advocate Milap Chopra, appeared for the petitioner and Public Prosecutor Sumer Singh Rajpurohit appeared for the respondents.
The Court asserted, “However, in the grave factual matrix as projected in this case, this Court is left with no other option but to go into the matter to find out as to how the Chief Judicial Magistrate has taken a view of sending a person to custody even when this Court had passed the order of converting the arrest warrant into bailable warrant. The willful flouting of the orders of this Court by the learned court below is writ large on the face of the record. Such gross judicial indiscipline requires strong indulgence of this Court”.
The Court characterized the actions of the CJM as a deliberate violation of its directives and a significant display of judicial misconduct. The Court emphasised that the right to personal liberty, protected under Article 21 of the Indian Constitution, must be upheld, and any unlawful detention should be addressed promptly.
In this context, the Court noted, "This Court is conscious of the fact that the right of liberty which has been violated in the present case is held in the highest pedestal being enshrined in Article 21 of the Constitution of India. Safeguarding the liberty against any illegal detention has to be dealt with in an effective manner. The consequences in curtailment of liberty contrary to law has to follow".
Accordingly, the High Court listed the matter for 17th July 2023.
Cause Title: Ramesh Kumar Mehta v. State of Rajasthan
