In a recent rebuke, the Supreme Court lambasted Bihar Police for adopting a stance that expected accused individuals to prove their innocence during investigations. This approach, the Court declared, was not only unacceptable but also shocking.
During a hearing of a criminal appeal against the Patna High Court’s decision to deny anticipatory bail, the Division Bench comprising Justices Abhay S. Oka and Ujjal Bhuyan highlighted the flawed mindset of law enforcement. Despite granting interim protection to the accused on December 6, 2023, with the condition of cooperation in the investigation, the Court noted the police’s insistence on the accused proving innocence.
The Court’s scrutiny of the case on February 08, 2023, revealed that the accused had been summoned for investigation only once. Furthermore, the Court pointed out a disturbing passage in the police’s counter-affidavit, indicating their disregard for due process. The affidavit mentioned the accused’s appearance before the Investigating Officer (IO), where the accused asserted innocence but failed to provide evidence in support.
Upon analyzing this revelation, the Court concluded that the police sought custody of the accused for reasons beyond interrogation, exposing a blatant misuse of power. Such conduct, the Court emphasized, was not only shocking but also undermined the fundamental principle of ‘innocent until proven guilty.’
In light of these findings, the Supreme Court solidified its interim order in favor of the accused, underscoring the importance of upholding the presumption of innocence in criminal proceedings.
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