Investigative autonomy and constitutional discipline
India, Nov. 5 -- The Supreme Court has reinforced a crucial principle: while the police must have the freedom to investigate without judicial interference, investigative powers cannot override constitutional safeguards. Effective policing and individual liberty must go hand in hand.
There is an enduring tension at the heart of criminal justice. A police investigator must be free enough to follow evidence wherever it leads, yet sufficiently disciplined to ensure that the power of investigation never becomes a licence to disregard constitutional liberty. Recent observations of the Supreme Court bring this delicate balance into sharp focus. On September 21, the Supreme Court reiterated that investigation of a crime falls within the domain o...
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