‘Spirit of SC order extending limitation period can’t be ignored’

‘Spirit of SC order extending limitation period can’t be ignored’

13/05/2020,B. TILAK CHANDARMADURAI

While likening the COVID-19 lockdown to emergency, the Madras High Court Bench in Madurai has said there cannot be a myopic reading of Section 167 of the Cr.P.C (dealing with police investigation), “conveniently ignoring the spirit” of a recent Supreme Court order invoking its power under Article 142 of the Constitution to extend limitation period, Justice G. Jayachandran said, while rejecting the bail petition filed by S. Kasi, an idol theft case accused.

He took a different view of another High Court Judge, Justice G.R. Swaminathan, who held that an accused would be entitled to “default bail” after a lapse of the time period mandated for police to file a final report. While granting bail to a man last week, Justice Swaminathan observed that the SC order on extension of limitation period did not deal with Section 167 of the Cr.P.C.

Justice Jayachandran observed that though the SC order had not specifically mentioned police investigations, the apex court had invoked its powers under Article 142 in the view of the lockdown. Section 167 of the Cr.P.C. envisaged completion of investigation within a period of 60 days or 90 days, depending upon the gravity of the offence. If the investigation was not completed within the period, the accused was entitled to bail, he said.

He, however, said no courts below could obliterate the intention of the SC by offering pedantic interpretation, oblivious of the provisions of law and spirit behind such laws. Since the State had restricted free movement of public, law-enforcing agencies were directed to ensure complete lockdown. Judicial proceedings were conducted through videoconference.

In such circumstances, investigating agencies were unable to conduct investigation and submit their reports in courts, he said.

Justice Jayachandran observed that any attempt to misread the SC order or misinterpret it would cause injustice. Violators of law could not take undue advantage of the extraordinary situation and enjoy the liberty.

The spirit of the SC orders was to do complete justice.

Therefore, it was needless to mention that the limitation under Section 167 of the Cr.P.C. also got extended, he said.