The Supreme Court has instructed the Allahabad High Court to withdraw judicial duties from a sessions judge and send him to the judicial academy for skill enhancement. This decision comes in response to trial courts’ ongoing reluctance to grant bail in cases where detention is unnecessary, despite the Supreme Court’s repeated rulings promoting a liberal approach to bail.
On March 21, the Supreme Court warned that failure to comply with its orders would result in the withdrawal of judicial work and mandatory training at a judicial academy. However, a bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah was informed that some courts were still not following these directives.
Senior advocate Sidharth Luthra, serving as amicus curiae, highlighted two recent instances where bail was unjustly denied. In one case involving a matrimonial dispute, a sessions judge in Lucknow rejected the anticipatory bail pleas of a man and his family members, despite their non-arrest status during the investigation. In another case, a cancer patient was denied bail by a CBI court in Ghaziabad.
The Supreme Court expressed strong disapproval, stating, “The judgment given by this court is the law of the land and it has to be followed. The situation is alarming in Uttar Pradesh, where our verdict is not being adhered to even after 10 months.”
The bench further noted, “Despite our last order on March 21, a Lucknow court passed an order in complete breach of our directive. We bring this order to the notice of the Allahabad High Court for necessary action and skill upgradation at the judicial academy.”
The Supreme Court has emphasized the need for courts to protect individual liberty and adopt a liberal stance on bail. It asserted that an accused person who was not arrested during the investigation and cooperated with authorities should not be detained upon the filing of charges.
Moreover, the Supreme Court directed the training of prosecutors to ensure they do not oppose bail pleas in violation of its orders. It instructed governments and prosecuting agencies, including the CBI, to inform their prosecutors about the verdict to ensure they take appropriate positions in court.
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