NEW DELHI: Criticising the practice of courts keeping bail applications pending for years, the Supreme Court, in a recent order, said that even a single day’s delay in deciding such matters adversely affects the fundamental rights of citizens under the Indian Constitution.
The apex court has time and again emphasised the importance of personal liberty, said a two-judge bench of the top court, led by Justice BR Gavai and also comprising Justice V Viswanathan.
“It has been observed by this court that even a single day’s delay in deciding the bail application adversely affects the fundamental rights of the citizens,” the court said in an order passed on Friday.
“We do not appreciate the practice of keeping bail application pending for years together,” it added.
The top court’s observation came after hearing a plea filed by an accused man, who claimed that his bail application was pending before the Allahabad High Court since August last year and there was no progress in the matter.
Senior advocate Siddharth Dave, appearing for petitioner Wazid, submitted that though his matter is pending since August 1, 2023 before the Allahabad High Court, there has been no progress.
The matter is adjourned on a day-to-day basis without any effective hearing, Dave submitted before the bench.
“My bail application is pending since last August. My liberty and my freedom are at a stake. The courts should hear, and especially the top court should consider my prayers and grant me bail,” pleaded the petition filed before the top court.
“The matter was adjourned repeatedly before the Allahabad High Court without any effective hearing,” it said.
The bench, which expressed its displeasure after hearing the petitioner’s counsel, also stressed that it has been informed that the matter was posted for hearing before the high court on November 11.
“... We request the concerned court or judge, before whom the matter is placed, to take up the matter on the same date (November 11), and decide it as expeditiously as possible. In any case, (decide the matter) within a period of two weeks from November 11, 2024,” the bench said, while disposing of the petition.
The bench passed its order on November 8, 2024.
The apex court had time and again made it clear in its orders that bail is the norm and jail is the exception.
“The investigation can go against the accused. But his liberty could not be curtailed, in spite of the fact that even if he or she is accused of criminal offences,” the court had observed earlier.
“Granting bail is the right of an accused person guaranteed under the Indian Constitution,” it had said in another instance.