Police Officer Expecting An Accused To Prove His Innocence During Investigation Is Shocking: Supreme Court

“The Police Officer seems to be under an impression that the accused has to appear before him and prove his innocence. Such approach cannot be countenanced.”

The Division Bench of Justices Abhay S. Oka and Ujjal Bhuyan were hearing a criminal appeal against the Patna High Court's order, which declined anticipatory bail to the present accused. While granting interim protection, the Top Court, on December 6, 2023, imposed a condition that the accused shall cooperate for investigation.

When the matter was called for a hearing on February 08, 2023, the Court observed that the accused was asked to join the investigation only once. Besides, the Court also drew attention to para 9 of the Counter-affidavit filed by the police. It read as:

“9. That further as per order of Hon'ble Supreme Court I.O has served notice to petitioner Tauhid @ Kallu, Manoj Singh on 15/01/2024 to join the investigation as mentioned in paragraph-71 of C.D. and thereafter Tauhid @ Kallu, Manoj Singh appeared before I.O. on 24/01/2024 and on interrogation pleaded himself innocent but did not produce and material in support of his claim.”

After perusing the same, the Court noted that police needed the accused's custody not for interrogation but for some other reason.

“From paragraph 9 of the counter affidavit, it is obvious that the Police need the custody of the appellant-Md. Tauhid @ Kallu, not for interrogation but for some other reason. We must also record that the approach of the Police reflected from paragraph 9 of the counter affidavit, to say the least, is shocking.”

In view of this, the Court made the interim order, passed in favor of the accused, absolute.

Case Title: Md Tauhid vs State of Bihar

Citation : 2024 LiveLaw (SC) 106

Click here to read/ download the order