New Delhi, Feb 26 – A Delhi court has set aside the order of a magisterial court that issued a non-bailable warrant (NBW) against a man accused of cruelty towards his wife, denouncing the decision as “highly inappropriate” and reflective of a “callous approach”.
Additional Sessions Judge Shefali Sharma stressed the need for utmost caution in issuing NBWs to prevent wrongful detention and uphold individuals’ right to liberty.
The plea challenging the Mahila Court’s issuance of an NBW against the man, who faced charges under Indian Penal Code for cruelty to women by husband or relatives and for criminal breach of trust, was brought before the sessions court.
Expressing dismay at the discrepancy between granting the accused permission to travel abroad for a course until December 2024 and simultaneously issuing NBWs for non-appearance, the sessions court criticised the trial court’s lack of diligence in reviewing the case record before making such decisions.
It noted the absence of sufficient grounds for directly issuing an NBW without first attempting to serve a bailable warrant as well as the trial court’s decision to grant liberty to the accused to travel abroad, coupled with the sudden issuance of NBWs, lacked proper justification and adherence to legal procedures.
Consequently, the sessions court annulled the Mahila Court’s directive, pointing out the importance of exercising caution and prudence in matters involving the issuance of NBWs to prevent unwarranted deprivation of liberty.
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