Supreme Court Punishes Judge for Denying Bail, Sends Him to Judicial Academy
On Tuesday, the Supreme Court of India instructed the Allahabad High Court to withdraw judicial work from a sessions judge and send him to the judicial academy for skill enhancement. This move aims to address the ongoing reluctance of trial courts to grant bail in cases where custody is unnecessary, despite multiple Supreme Court rulings advocating a more liberal approach.
Despite a clear warning from the Supreme Court on March 21, indicating that any non-compliance would result in the magistrate’s judicial work being withdrawn and the magistrate sent for training, the courts continued to disregard this directive. Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah were informed by senior advocate Sidharth Luthra, acting as amicus curiae, about two instances in April where bail was denied.
One such instance involved a sessions judge in Lucknow rejecting the anticipatory bail plea of a man and his family members, despite them not being arrested during the investigation. Another case saw a cancer patient denied bail by a CBI court in Ghaziabad.
Expressing their disappointment, the bench remarked, “The judgment given by this court is the law of the land and must be followed. There is no question of not adhering to it. The situation in Uttar Pradesh is alarming, with many cases not following the verdict delivered 10 months ago.”
The Supreme Court highlighted a specific breach in Lucknow following their March 21 order, prompting them to bring this to the Allahabad High Court’s attention and recommend necessary action for the judge’s skill enhancement at the judicial academy.
The court reiterated its stance that judges must protect individual liberty and adopt a liberal approach in granting bail. They emphasized that an accused who was cooperative during the investigation and not arrested should not be taken into custody upon filing of the chargesheet.
Additionally, the Supreme Court directed that prosecutors be trained to ensure they do not oppose bail pleas in violation of its orders. Governments and prosecuting agencies, including the CBI, were instructed to make their prosecutors aware of the Supreme Court’s rulings to ensure they take appropriate stances in bail matters.
