SC warns against non-bailable warrants, demands strict justification for issuance

The Supreme Court issued a judgment cautioning against the routine use of non-bailable warrants. The Court emphasized that such warrants should only be issued in cases involving heinous crimes, where the accused may evade the law or tamper with evidence.

According to the bench comprising Justices Sanjiv Khanna and SVN Bhatti, there are no comprehensive guidelines for issuing non-bailable warrants. However, they stressed that these warrants should not be issued unless the accused is charged with a serious crime and is likely to evade the law or tamper with evidence.

The case involved a non-bailable warrant issued against the accused/appellant by a trial court when the accused failed to appear despite a bailable warrant being issued earlier. The chargesheet filed against the appellant included offenses under various sections of the IPC.

In a reversal of the High Court's findings, Justice Sanjiv Khanna's judgment stated that the non-bailable warrants issued were unsustainable and should be quashed.

The Court reiterated that non-bailable warrants should not be issued routinely and that an individual's liberty should only be restricted when necessary for public and state interests.