Court dismisses petition seeking expedited recall of Non-Bailable Warrant, emphasising due process and victim protection.
In a significant decision, the Madurai Bench of the Madras High Court, led by Justice L. Victoria Gowri, has dismissed a petition filed by Krishnakumari, a suspended Sub-Inspector of Police, seeking immediate recall of a Non-Bailable Warrant (NBW) issued against her in connection with a heinous honour killing case. The case involves allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Krishnakumari, identified as A3 in the case, was implicated in the brutal murder of a young engineer from a Scheduled Caste community. The incident is alleged to have stemmed from an inter-caste relationship, classified as an honour killing. The petitioner contended that the NBW was issued without prior summons, violating her right to liberty. However, the court highlighted the gravity of the accusations and the broader societal implications, reiterating the need for judicial discretion in such cases.
The petitioner's counsel argued for a mandamus-like direction to the Sessions Court to hear her recall petition on the same day of surrender, citing precedents that advocate restraint in issuing NBWs. The prosecution and victim's counsel opposed the plea, underscoring the petition's procedural impropriety and the available statutory remedies.
The court's analysis affirmed that the inherent powers under Section 528 of the Bharatiya Nyaya Sanhita, 2023, are not intended to bypass statutory processes or manage judicial proceedings. The judgment emphasized that the petitioner should pursue the remedy of surrendering before the Trial Court and seeking recall of the warrant there.
Further, the court expressed concerns about the non-arrest of the petitioner during the investigation, despite the seriousness of the charges. The judgment underscored the necessity for investigative transparency and consistency, especially in cases involving law enforcement personnel as accused.
In dismissing the petition, the court urged the investigating and prosecuting agencies to adhere to statutory safeguards to maintain public confidence in the justice system. The decision reinforces the principle that judicial processes must balance individual liberties with societal interests, particularly in cases involving caste-based violence.
Bottom Line:
Issuance of Non-Bailable Warrant (NBW) in heinous offences like honour killings involving provisions of SC/ST (Prevention of Atrocities) Act requires judicial discretion, balancing personal liberty with societal interests. Directions under Section 528 BNSS, 2023 cannot be used to bypass statutory remedies or to manage judicial processes.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 528, SC/ST (Prevention of Atrocities) Act, 1989 Section 15A
Krishnakumari v. State of Tamilnadu, (Madras)(Madurai Bench) : Law Finder Doc Id # 2839568
