Allahabad high court while rejecting an application filed by Dr Syed Fareed Haider Rizvi @ Dr S.F.H Rizvi observes where the investigation of an offence has been entrusted to the CBI pursuant to order by Constitutional Court and role of a public servant comes as an accused for committing such an offence.
The Supreme Court has held that “merely because an arrest can be made because it is lawful does not mandate that arrest must be made,” while stating section 170 CrPC does not impose an obligation on the Officer-in-charge to arrest each and every accused at the time of filing of the chargesheet.
The Eleventh Law Commission had reiterated the recommendations made by the Tenth Law Commission for splitting the Supreme Court into two Benches (i) Constitutional Court at Delhi and (ii) Court of Appeal or Federal Court sitting in North, South, East, West and Central India.