SC To Reconsider Its 1992 Verdict Of CBI v/s Anupam J Kulkarni Case Of Holding Individual In Police Custody Beyond 15 Days

On Monday, the Supreme Court expressed the need to reconsider its 1992 verdict in CBI v. Anupam J Kulkarni, which stated that a person cannot be held in police custody beyond fifteen days from their initial arrest in a case. Justices MR Shah and CT Ravikumar stated that presently, there is a risk of the remand period getting over before a higher court can set aside an erroneous decision denying custody.

The Court partially granted an appeal on Monday regarding a September 2022 order from the Calcutta High Court that had granted statutory/default bail to a public servant accused of corruption. A special CBI judge had granted a week of police remand, but the investigating agency was unable to interrogate the respondent since he was in the hospital at the time. The High Court granted bail as the chargesheet was not filed within 90 days.

The Central Bureau of Investigation (CBI) appealed to the Supreme Court, arguing that the accused had evaded the remand order by getting admitted to the hospital on various pretexts.

At the beginning of the hearing, the Supreme Court questioned the accused's counsel, who had no response to the Court's inquiry about what would happen if the trial court or Special Court denies police custody within the initial 15 days, but that decision is later reversed by a higher court after the 15-day period has expired.

The Bench noted that the accused had "successfully evaded" the full implementation of the police remand order, which rewards the "frustration of the judicial process." As a result, the CBI was granted four days of custody for the accused.