- Supreme Court directs High Courts to expedite bail application hearings nationwide
- Allahabad and Patna High Courts flagged for significant delays in bail matters
- Bail applications must be listed weekly or fortnightly with automatic relisting, it said
In a significant move aimed at fast-tracking bail hearings and protecting personal liberty, the Supreme Court on Monday issued a series of directions to High Courts across the country for the timely disposal of bail applications.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that delays in hearing bail matters continue to remain a serious concern in several High Courts, particularly the Allahabad and Patna High Courts.
"Patna and Allahabad High Courts are the most problematic," Chief Justice Surya Kant remarked while laying down guidelines for expeditious disposal of bail cases.
However, the Chief Justice added that this should not be taken as criticism, as the directions were intended to make the judicial system more efficient.
The top court was hearing a matter in which it had earlier sought details from all High Courts regarding pending bail applications. Recording that most High Courts had furnished the required data and taken initiatives for the timely disposal of bail cases, the Court, however, flagged the alarming pendency in some jurisdictions, particularly the Allahabad High Court and Patna High Court.
"Though information was readily available, we do not deem it necessary to incorporate it in the order, as most High Courts have taken initiatives for timely disposal," the Bench observed.
Referring to the Allahabad High Court, the Court noted that "pendency is too large" despite judges dealing with "hundreds of cases in a day."
The top court directed all High Courts to ensure that bail applications are listed either on a weekly or fortnightly basis. It also said there can be an automatic system for relisting bail pleas every two weeks if they are not taken up for a hearing.
In another major procedural reform, the Supreme Court said fresh bail applications should ordinarily be listed on alternate days or within one week of filing. The court also sought to streamline the process by making it mandatory for status reports to be filed before the first hearing of a bail matter.
Counsel filing bail applications will now have to mandatorily serve a copy of the plea on the office of the Advocate General or any designated agency.
The bench further said the existing practice of issuing notice at the admission stage in bail matters should be dispensed with to avoid unnecessary delays.
The Supreme Court also directed automatic relisting of bail applications that remain unheard and asked High Courts to prescribe an outer timeline for disposal of bail pleas. Taking an exception to repeated delays sought by governments, the court said states and the Union government should not be granted "casual adjournments" in bail matters.
"Courts have a solemn duty to protect fundamental rights and personal liberty," the bench observed.
The court also flagged delays in forensic reports despite the establishment of forensic science laboratories across states.
It directed the Chief Justices of High Courts to take up the issue with state authorities to ensure that FSL reports are submitted within a reasonable time.
In victim-centric cases, the Supreme Court said investigating officers must realise that any laxity in investigation could ultimately result in the grant of bail to accused persons. The bench finally stressed that High Courts and investigating agencies must adopt a "collaborative approach" to ensure the timely disposal of bail applications without compromising the rights of victims.
