Justice Ujjal Bhuyan, part of a two-judge Bench with Justice Surya Kant, allowed bail to Delhi Chief Minister Arvind Kejriwal.
Justice Bhuyan issued a separate opinion emphasizing important legal principles during the bail decision.
Accused’s Right to Silence:
Justice Bhuyan upheld the fundamental right of an accused to remain silent during interrogation.
He stated that an investigating agency cannot presume guilt or draw an adverse inference against an accused solely because they choose not to speak.
Justice Bhuyan stressed that an accused cannot be compelled to make self-incriminating statements.
The silence of an accused should not be viewed negatively or used as evidence of guilt.
Justice Bhuyan invoked Article 20(3), which provides protection against self-incrimination.
This constitutional right ensures that an accused person cannot be forced to be a witness against themselves.
The protection extends beyond courtroom testimonies.
It applies during the pre-trial phase, including police interrogations or questioning by law enforcement agencies.
Justice Bhuyan differentiated between the power to arrest and the need to arrest an individual.
He emphasized that just because authorities have the power to arrest does not mean it is always necessary.
Arrests should not be made without sufficient need.
Impact of Unnecessary Arrests on Personal Liberty:
Justice Bhuyan warned about the long-lasting damage caused by unnecessary arrests, which permanently scar an individual’s personal liberty.
He criticized the practice of "arrest first, proceed later," highlighting the importance of safeguarding individual freedom.
In his opinion, Justice Bhuyan referenced past judgments of the Supreme Court that upheld the importance of individual liberty, cautioning against a rush to arrest without proper cause.
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