Cuttack: Orissa High Court has cautioned courts to be careful instead of making arbitrary exercise of judicial discretion while issuing non-bailable warrants for arrests.

The court said: "Personal liberty is paramount and the courts are not expected to issue warrant in a casual manner without proper application of mind."

"As there is question of deprivation of personal liberty guaranteed under the Constitution of India, the court has to carefully go through all the papers produced by the prosecution and the report of the process server, if any, before passing the order," the high court cautioned.

Justice S.K. Sahoo made the observation while considering the petition filed by Sushama Meher who was a co-accused in a corruption case registered by the state vigilance against her husband Sukadev Meher, a pubic servant. Sushama had filed the petition challenging the NBW issued for her arrest by the special judge, vigilance, Bhubaneswar on April 24, 2018. The non-bailable warrant order had fixed May 10 for her production.

On perusal of the case records, Justice Sahoo felt it was the duty on the part of the special judge to adopt different methods which are prescribed under the code for service of summons as the petitioner had been released on anticipatory bail during the course of investigation and after submission of the chargesheet, he had taken cognisance of the offences and issued summons against the petitioner.

Justice Sahoo further expected the special judge to have resorted to issuance of non-bailable warrant of arrest only after being "fully satisfied" that the petitioner is avoiding appearing before it intentionally.

While quashing the non-bailable warrant order on July 31, Justice Sahoo indicted the special judge for "non-application of mind" and ruled that "the issuance of non-bailable warrant of arrest was totally illegal and unjustified".

"Since the husband of the petitioner, who is a co-accused in the case, has already been directed to be released on bail in the event of his surrendering before the trial court and there is no distinguishing feature between the two accused persons, I direct that if the petitioner surrenders before the learned special judge, Bhubaneswar, in the aforesaid case within a period of four weeks from today, she shall be released on bail by the court on suitable terms and conditions," Justice Sahoo said in his July 31 order, while allowing the petitioner's plea.