Supreme Court questions HC order in Shopian case

"What material were available before the High Court to direct arrest of the these officers. There should have been proper investigation," the Bench comprising Chief Justice K.G. Balakrishnan and Justice P. Sathasivam said...

"Anybody can be arrested. Anybody who has nothing to do with this case can be arrested. What material was there for the arrest? Even now, they (State) have been unable to produce the material," the Bench remarked when Mr. Khan said there was nothing wrong with the High Court order which was delivered when the whole of Kashmir had to suffer.


The two police officers had also challenged the order that their bail plea could only be heard by the High Court Bench which has passed the order of their arrest.
"We want to maintain the rule of law. We want that the police officers should make their bail plea before proper court. It (bail) will be considered by the sessions court," the Bench said.

The submission by the advocates representing the Jammu and High Court Bar Association on whose petition the High Court had passed the order that the report submitted in sealed cover was the basis for the direction to arrest the police officers did not impress the Bench.

"Everybody in the neighbourhood could be arrested.Should there not be a proper investigation?" the apex court Bench said and took exception to the monitoring of the case by the High Court.

"Does the High Court have to monitor criminal cases? How many cases of rape are monitored by the High Court?" it said before passing the order in which it extended the stay on the High Court order directing narco analysis test of the police officers.

The Bench also expressed surprise that only because of the agitation, the investigation was handed over to the Special Investigation Team.

"Why does the High Court say they should move for bail before it?" the Bench said adding "they are entitled to protection under the law".

Mr. Salve assured the Bench that police officers will be given full protection when they move the sessions court for bail.

The assurance came when Mr. Rohatgi pressed that the apex court should hear the bail plea as the environment in the State was not conducive and no lawyers would appear in the case as the High Court order was passed on a petition by the High Court Bar Association.

The advocates representing the Bar Association also assured the Bench that the lawyers would not be prevented from appearing the case on behalf of the police officers.