oppn parties Supreme Court's 2022 Order On Bail Not Being Followed By Trial Courts

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  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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Supreme Court's 2022 Order On Bail Not Being Followed By Trial Courts

By Sunil Garodia
First publised on 2023-03-22 08:12:08

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court is furious and it should be. Trial courts all over the country, public prosecutors and investigating agencies are not following its July 2022 order which mandated that courts be liberal and grant bail where custody was not needed. This was to be specifically adhered to in cases which the law prescribed a punishment of less than seven years in jail for the alleged crime. The apex court had also held that if the accused has not been arrested during the probe and was cooperating in the investigation, there was no need to arrest him on filing of the chargesheet.

The attention of the apex court was drawn to the fact that many trial courts in UP passed orders that were in gross violation of its 2022 order. It was also informed that prosecuting agencies and public prosecutors also took a stand that was contrary to the 2022 order. The bench of Justices Sanjay Kishan Kaul, Ahsanuddin Amanullah and Aravind Kumar was furious and said that these trial court judges needed to be sent to academies for "upgrading their knowledge". It also said that it would be constrained to haul up public prosecutors and investigating agencies if they took such contrary stand.

The 2022 guidelines of the Supreme Court were comprehensive. They categorised offences under four heads and "offences punishable with imprisonment of 7 years or less not falling in category B & D" (where category B was  for offences punishable with death, imprisonment for life, or imprisonment for more than 7 year and category D was for economic offences not covered by Special Acts) was under the head A. This was treated with lesser gravity. In such cases, the Supreme Court had directed that after filing of the chargesheet, ordinary summons must be issued at the first instance where the party could even be represented by a lawyer. If the accused or his/her lawyer do not appear despite service of summons, then a bailable warrant for physical appearance may be issued. Again, if the accused fails to appear despite issuance of bailable warrant, a non-bailable warrant will be issued. Even such non-bailable warrant may be converted by the Magistrate into a bailable warrant/summons without insisting on physical appearance of the accused, if the accused moved an application before execution of the non-bailable warrant on an undertaking to appear physically on the next date of hearing. Once the accused appeared in Court, bail applications may be decided without taking such accused into custody or by granting interim bail till the bail application is decided. This clearly showed that the Supreme Court wanted arrest to be the last resort and trial court judges were expected to be liberal in granting bail in such cases. It also showed that the apex court wanted public prosecutors and investigating agencies not to insist on arresting the accused in such cases or place hurdles in the bail process.

But the ground reality is completely different, as the Supreme Court found out and which led to its anger. The apex court said that trial courts were passing detention orders in a mechanical way and denying bail in violation of the Supreme Court's 2022 order. This denies liberty to the accused and turns the principle 'bail is rule, jail is an exception', as laid down by the apex court in the landmark judgment of State of Rajasthan v. Balchand alias Baliya in 1978 and reaffirmed in many orders thereafter, on its head.

The Supreme Court must initiate the process through which trial court judges are periodically required to update their knowledge, especially regarding Supreme Court judgments. It should also carry out its threat to haul up public prosecutors and investigating agencies for going against Supreme Court orders in such cases.