Remand Power U/S 167 Crpc Can Also Be Exercised By Courts Superior To Magistrate: SC

What is section 167 of the Code of Criminal Procedure

• Section 167 of the Code of Criminal Procedure provides with the procedure for when investigation cannot be completed within 24 hours of the arrest.
• Section 167 of CrPC states that, “Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of 24 hours as per Section 57 (person arrested cannot be detained for more than 24 hours)and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such magistrate.”

What is the Gautam Navlakha Case

• The Maharashtra Police arrested 5 citizens (activists) on August 28, 2018 saying that they had link with the Maoists.
• The Police claimed that the detained activists had supported the Elgar Parishad meeting on 31st December 2017 which led to violence on 1st January 2018 at Bhima Koregaon village.
• The Activists believe that there is an attempt by the ruling government to slap false charges against those who speak up against the BJP misrule.

Court’s Observation

• While dismissing the appeal filed by Gautam Navlakha seeking default bail in Bhima Koregaon case, the Apex Court held that, the provisions under section 167 of the CrPC can also be exercised by the Courts Superior to the Magistrate.
• Justices U. U. Lalit and K. M. Joseph observed in this judgement that, even if the power to order remand is vested with the Magistrate by way of appropriate jurisdiction exercised by the Superior Courts, it can also be exercised by the courts which are superior to the Magistrate u/s 167.
• The Court also added that, if such a custody is ordered by the superior court, it would be for the purpose of calculating the period within which the charge sheet must be filed, failing which, the accused can use his statutory right to default bail.
• When an order in bail application is issued, orders passed in detaining the accused can be passed by a superior court.

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