On Tuesday, the Supreme Court of India ordered the Allahabad High Court to remove a sessions judge in Lucknow from judicial duties and send him to the judicial academy for training. This decision came after trial courts continued to deny bail in cases where custody was not needed, ignoring the Supreme Court’s earlier rulings that asked judges to take a liberal approach in granting bail.
A bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah was informed that many lower courts were still not following the top court’s directions, even after a clear warning issued on March 21. That warning had stated that non-compliance would result in judges being sent for further training.
Senior advocate Sidharth Luthra, acting as amicus curiae, presented two recent bail denial cases. In the first, a sessions judge refused anticipatory bail to a man and his family members in a matrimonial dispute, even though they were not arrested during the police investigation. In the second case, a cancer patient was denied bail by a CBI court in Ghaziabad.
The Supreme Court expressed serious concern, stating, “The judgment given by this court is the law of the land. It must be followed. The situation in Uttar Pradesh is alarming.”
The bench noted that a Lucknow court had recently passed an order that directly violated the Supreme Court’s earlier directions. The justices asked the Allahabad High Court to take action and ensure that the judge receives proper training to improve his understanding of bail laws.
The Court also reminded all trial courts that personal liberty should be protected. If an accused person was not arrested during the investigation and cooperated, they should not be taken into custody after the chargesheet is filed.
Additionally, the Supreme Court directed state governments and investigative agencies, including the CBI, to ensure their prosecutors are properly trained. Prosecutors must not oppose bail in situations where doing so would go against the Supreme Court’s orders.
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