The Delhi High Court held that courts should not issue non-bailable warrants against individuals merely because they have been summoned as witnesses or suspects in an investigation being conducted by the Enforcement Directorate. A Division Bench of the Court emphasised that the issuance of warrants is an extraordinary process-enforcing measure and the power to issue non-bailable warrants must be exercised with caution and in accordance with law. The bench observed that summons serve the legitimate purpose of securing a person’s presence for investigation, and unless there is evidence of wilful avoidance or deliberate non-compliance, coercive measures such as non-bailable warrants should not be resorted to lightly.
The controversy arose in proceedings where the Enforcement Directorate, while probing alleged economic offences, sought issuance of warrants against persons who had been summoned to appear for questioning and related investigative steps. The investigating agency argued that repeated summons had not been complied with and that warrants were necessary to ensure attendance. In response, the persons against whom the warrants were sought approached the High Court challenging the legality of issuing non-bailable warrants at the behest of the ED for the purpose of investigation.
In considering the matter, the High Court clarified that there is a distinction between attendance for investigation and attendance for trial. The Court observed that while a person may be summoned as a witness or even as a suspect, attendance under investigation proceedings does not automatically justify the issuance of non-bailable warrants. The bench explained that summons in investigative contexts are intended to facilitate the gathering of evidence and that non-bailable warrants, which significantly curtail personal liberty, should not be issued unless there is a clear prima facie case of deliberate evasion.
The Court further noted that the issuance of warrants must be guided by the nature and seriousness of the allegation, the conduct of the person summoned, and the necessity to prevent abuse of the process of law. It emphasised that warrants should not be treated as routine remedies merely because an investigating authority requests them, and that courts must satisfy themselves of the relevant legal criteria before issuing such orders. The bench stressed the need to check arbitrary or indiscriminate issuance of non-bailable warrants in investigative matters, cautioning against conflating investigation proceedings with formal trial processes where different thresholds and considerations apply.
In its reasoning, the High Court underscored that personal appearance before investigation agencies can be secured through summons that are duly served and legally enforceable, but that the drastic step of issuing non-bailable warrants must be reserved for instances of clear and willful non-compliance with lawful directives coupled with obstructive conduct. The Court reaffirmed that the power to issue warrants cannot be invoked mechanically or at the mere request of an investigating authority without due application of mind by the court.
Accordingly, the Delhi High Court set aside the orders authorising non-bailable warrants on the ground that the requisite legal parameters had not been satisfied, and that the persons concerned had not demonstrated egregious non-compliance warranting such coercive action. The judgment reinforces the principle that fundamental rights and personal liberties should not be lightly curtailed in the course of investigation, and that judicial oversight is essential to prevent excessive use of process enforcement measures where simpler and less intrusive mechanisms are adequate to secure cooperation with investigative agencies. The Court’s ruling delineates the limits within which warrants may be issued in the context of Enforcement Directorate probes, affirming that such powers must be exercised sparingly and with adherence to legal safeguards designed to protect individual liberty.
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