Gurbaksh Singh Sibbia v State of Punjab

• The appellant, Gurbaksh Singh Sibbia, was Minister of Irrigation and Power in Punjab. Grave allegations of political corruption were made against him and others, and they applied to the Punjab and Haryana High Court for anticipatory bail under S.438 CrPC. A Full Bench, by its judgment of 13 September 1977, laid down several restrictive propositions on the power and dismissed the applications.

1. What is the scope of the power to grant anticipatory bail under S.438 CrPC, and can it be cut down by judicially created restrictions?

• A Constitution Bench held that S.438 is a procedural provision concerned with personal liberty and must be given its full width; the courts should not read into it restrictions the legislature did not impose. The applicant must show a reasonable belief, not a vague fear, of arrest for a non-bailable offence. An FIR is not a condition precedent, and the power can be used after an FIR so long as the applicant has not been arrested. A blanket order covering all future offences is not proper. The order need not ordinarily be limited in time. The High Court's restrictive propositions were set aside.

S.438 CrPC is a procedural provision concerned with personal liberty and must be given its full width; courts must not read into it restrictions the legislature did not impose. The applicant must show a reasonable belief, not a vague fear, of arrest. An FIR is not a precondition, the power is available after an FIR until arrest, a blanket order is not proper, and the order need not ordinarily be limited in time.