In a recent development on December 11, the Supreme Court has expressed grave concerns about the persistent delays in the consideration of anticipatory and regular bail applications by various High Courts. Justices C.T. Ravikumar and Sanjay Kumar, forming the bench, noted with disapproval the lack of efficiency in listing and disposing of these crucial applications, emphasizing the severe impact on the personal liberties of applicants seeking urgent relief.
The bench, in its order, acknowledged the recurrent delays across different courts and directed the Registry to distribute a copy of the order to the Registrar General and all relevant authorities of High Courts. The objective is to ensure the prompt listing of bail and anticipatory bail applications, upholding the principles laid down by the Apex Court in previous judgments.
The court’s observation highlighted the significance of expeditiously addressing decisions on anticipatory bail and regular bail applications, stressing that the liberty of individuals is at the core of such matters. The bench deprecated the practice of admitting bail applications only to defer decisions unduly, reinforcing the need for a swift and definitive resolution.
The case that prompted this directive pertained to an interim order from the Chhattisgarh High Court on December 6. The Single Judge bench, in handling an anticipatory bail application related to offenses under various sections of the Indian Penal Code, issued an order lacking specificity regarding the next hearing date, merely stating, “List this case in its chronological order.”
Expressing dissatisfaction with this approach, the Supreme Court emphasized that such indefinite orders on anticipatory bail and regular bail matters, especially after admission, contribute to unwarranted delays and are detrimental to an individual’s liberty.
Granting interim protection to the petitioner in the Criminal Special Leave Petition (SLP), the Court urged the High Court to dispose of the pending application expeditiously, preferably within four weeks from the receipt or production of the Supreme Court’s order.
This recent development echoes similar concerns raised by Chief Justice NV Ramana and a three-judge bench in February 2022 regarding indefinite adjournments in anticipatory bail matters by the Chhattisgarh High Court. The Supreme Court emphasized that the lack of specific hearing dates, especially in anticipatory bail matters, is an unacceptable procedure that undermines the valuable rights of individuals.
The Court, having heard Senior Advocate Mr. Sidharth Luthra representing the petitioners, clarified that the interim protection granted should not influence the consideration of the petitioner’s bail application, which will be assessed on its own merits.
