Politics · India · 1 hr ago

Supreme Court says courts cannot direct custodial interrogation

Supreme Court says courts cannot direct custodial interrogation

India’s Supreme Court said courts cannot tell investigators to question suspects in custody.

It said that decision belongs to the investigating agency, and that broad statements about taking people into custody can threaten their liberty.

The ruling came as the court granted anticipatory bail to a retired school principal and his wife in a case in Gujarat.

Prosecutors allege the principal changed his birth date in service records to work an extra year and that the couple obtained more than ₹10.75 lakh in salary and benefits.

The Supreme Court said the allegations were based on documents, so custodial questioning was not necessary, and set aside the Gujarat High Court’s order calling for it.

The couple’s protection from arrest is now in force, provided they cooperate with the investigation.

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Supreme Court benchJustices Ujjal Bhuyan and Atul S Chandurkar
We are of the firm view that it is not for the high court to suggest any form of interrogation of an accused. This should be best left to the discretion of the investigating agency
via Hindustan Times