In a firm stance on the misuse of judicial discretion in granting bail, the Supreme Court on Tuesday ordered the Allahabad High Court to withdraw judicial work from a sessions judge and send him for skill enhancement at a judicial academy. The ruling follows continuous reluctance from trial courts to grant bail in cases where detention isn’t necessary, despite repeated instructions from the Supreme Court.
Non-Compliance with Bail Guidelines
Despite a clear directive issued by the Supreme Court on March 21, warning that failure to comply with its order would result in withdrawal of judicial duties, many courts continued to reject bail pleas. Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah were informed by senior advocate Sidharth Luthra, acting as amicus curiae, that two recent bail rejections in April showed clear non-compliance.
In one case involving a matrimonial dispute, a sessions judge in Lucknow denied anticipatory bail to a man and his family members, even though they had not been arrested during the investigation. In another case, an accused suffering from cancer was denied bail by a CBI court in Ghaziabad.
Supreme Court’s Disappointment
Expressing dissatisfaction, the Supreme Court stated that its ruling is the law of the land and must be followed without exception. The bench noted that despite the Supreme Court’s bail-friendly rulings delivered nearly 10 months ago, many courts in Uttar Pradesh have failed to implement them.
The court highlighted a specific case from Lucknow, in which a judge passed an order in direct violation of the Supreme Court’s March 21 instruction. As a result, the court has asked the Allahabad High Court to take action, ensuring the judge receives the necessary training to upgrade his skills in handling bail matters.
Upholding Individual Liberty
The Supreme Court emphasized the importance of protecting individual liberty, urging trial courts to adopt a liberal approach when granting bail. The court reiterated that any accused who has cooperated with the investigation and has not been arrested during the probe should not be taken into custody simply because a chargesheet has been filed.
Training for Prosecutors
Additionally, the Supreme Court ordered governments and prosecuting agencies, including the CBI, to ensure that prosecutors are adequately trained to follow the court’s guidelines. The court stressed that prosecutors must not oppose bail pleas without valid legal grounds, and they must be fully aware of the Supreme Court’s rulings to avoid unnecessary detentions.
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