The Gujarat High Court recently held that a person cannot be deprived of his liberty merely because of an apprehension that he might tamper with evidence.
“From time-to-time, ‘necessity’ demands that some un-convicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, ‘necessity’ is the operative test,” a single-judge bench observed.
The court further noted that in India it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which he has not been convicted, or that in any circumstances he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances.
These observations were made by Justice Samir Dave while hearing an application seeking bail in a murder case that took place in October 2018.
In the case, the HC also refused to accept the “amicable settlement” between the parties and said, “Such a practice is unwarranted and it amounts to hampering/ tampering with the evidence or witnesses, when such a serious offence of murder is committed. Hence, this Court is of the opinion that such an affidavit on oath filed by the original complainant cannot be considered, looking to the gravity and severity of the offence committed by the accused person…”
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