NEW DELHI: A three-judge bench of the Supreme Court will decide whether it is the "choice of the party" to move high courts for anticipatory bail or if it is mandatory for litigants to first approach a sessions court.
On Wednesday, the top court's two-judge bench of Justices Vikram Nath and Sandeep Mehta said this matter requires to be heard by a three-judge bench and thereby referred the case.
"The matter be posted for hearing as and when the three-judge bench is constituted," said the bench.
In this case, the apex court had already appointed senior lawyer Siddharth Luthra as an amicus curiae (Friend of the Court) to assist the court in the matter.
On September 8, the top court had expressed concern over a "regular practice" at the Kerala High Court, which entertained anticipatory bail pleas without asking the person to first approach the sessions court. SC pointed out that this did not happen in any other court.
Justice Nath also added that he was not commenting on the present case, but as a matter of principle...It doesn't happen in any High Court.
While issuing notice to the Registrar General of the Kerala High Court, the top court bench had earlier observed that the High Court entertaining anticipatory bail pleas without it being considered by the trial court first may lead to proper facts not being brought on record, which otherwise would have come before the sessions court.
"We are inclined to consider this aspect and decide the issue whether the High Court would be at the choice of the party or it should be mandatory that the accused should first approach the sessions court," the top court had added.