Supreme Court bars courts from directing custodial questioning in investigations

In a recent order, Justices Ujjal Bhuyan and Atul S Chandurkar clarified that high courts cannot recommend any form of custodial interrogation, a matter that belongs solely to the investigating agency. The ruling was issued as the Supreme Court granted anticipatory bail to former principal Miteshgiri alias Mulrajgiri Sevagiri Goswami and his wife Ilaben M Goswami, who face allegations of tampering with birth-date records to extend his tenure and obtain over ₹10.75 lakh in benefits.

The bench noted that the accusations were based on documentary evidence, making custodial questioning unnecessary. It also overturned a Gujarat high court remark that custodial interrogation of all suspects was essential to uncover the truth. The court stayed the couple’s arrest on the condition of cooperation with the investigation, making the earlier interim protection absolute.