Bombay HC: It is duty of the court to ensure that subjective satisfaction of investigating officer for arrest of accused is on factual basis and not on the basis of his whims or caprice

   There can be no dispute that it is within the domain of the Investigating Agency to interrogate the accused and to arrive at a subjective satisfaction on the issue of arrest. We are conscious and mindful that the satisfaction of the investigating agency is

subjective in nature and the Court cannot go into the reasonableness

of the reasons of arrest and or substitute its objective opinion for

the subjective satisfaction. Nevertheless, the subjective satisfaction is not wholly immune from judicial reviewability. The Court can consider whether the reasons for deprivation of liberty are rational, reasonable or fanciful. In Barium Chemicals Ltd vs. Company law Board the Apex Court with reference to Section 237 of the Companies Act has observed that the Court cannot go into the question of aptness or sufficiency of the grounds upon which the subjective satisfaction of an authority is based. However, the entire process is not subjective. While the existence of relevant

material/information is objective, whereas drawing inference

therefrom alone is a subjective process. Only check upon the

subjective power is the existence of circumstances/material

information. In case it is established that there was no material

information or factual basis, the exercise of power becomes illegal. It is thus within the powers of the Court to ensure that the subjective satisfaction is on factual basis and not on the basis of the whims or caprice of the investigating agency. {Para 27}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 378 OF 2023 WITH

INTERIM APPLICATION NO. 804 OF 2023

Chanda Kochhar Vs Central Bureau of Investigation

CORAM : ANUJA PRABHUDESSAI, &

N. R. BORKAR, JJ.

DATED : 6th FEBRUARY, 2024.

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