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When the power to arrest is exercised without application of mind and without due regard to the law, it amounts to an abuse of power, the Supreme Court said.
The Special CBI court of Ahmedabad on Thursday refused to send an accused arrested in the National Highways Authority of India (NHAI) scam case to further CBI remand and decided to send the accused to judicial custody stating that no grounds for further remand exist.
Experts believe that holding the executive and judiciary accountable for illegal arrests will go a long way in ensuring compliance with the law.
Touching upon various aspects of the criminal justice system, the court lamented that jails in the country are 'flooded' with undertrials while underscoring that 'bail is the rule and jail is an exception'.
The bench, comprising Justice SK Kaul and Justice MM Sundresh, noted that the jails in India are flooded with under trial prisoners and the statistics indicate that more than two-thirds of the prison inmates constitute under trial prisoners.