Right to arrest remains after filing of charge sheet: Calcutta high court judge – Times of India

KOLKATA: Justice I P Mukerji, a member of the five-judge bench of Calcutta High Court hearing the Narada case, on Tuesday observed that the right to arrest remained with the investigating agency even after filing of the charge sheet.
Senior counsel Sidharth Luthra — pleading for Firhad Hakim, Subrata Mukherjee, Madan Mitra and Sovan Chatterjee — was arguing against their arrests by the CBI on May 17. “While the right to arrest remains, the need to arrest has to be considered especially in view of what has been stated in the charge sheet,” Luthra said.
The bench asked why he was terming the arrests illegal. “Is it due to lack of sanction or due to failure to comply with Section 41 of CrPC?” the bench observed. Section 41 of Criminal Procedure Code lays down the conditions under which police can make arrests without warrant.
Luthra held that the investigating agency had failed to comply with Section 41 of CrPC and also the CBI manual. Justice Mukerji said the bench was not hearing the legality of arrest and asked the senior counsel if he wanted to expand the proceedings before the high court.
Luthra cited a 2004 judgement of Delhi High Court versus CBI where the court had taken up the matter suo motu. Acting Chief Justice Rajesh Bindal wanted to know how the court took suo motu cognizance.
The matter will be heard again on Wednesday.