In what is being seen as a significant order augmenting the rights of undertrial prisoners, the Supreme Court on Monday issued a series of directions aimed at ensuring faster disposal of bail petitions pending before High Courts across the country.
A Bench comprising of Chief Justice of India Surya Kant and Justice Joymalya Bagchi held High Courts and investigating agencies must adopt a collaborative approach to ensure expeditious disposal of bail applications while safeguarding victim rights."High courts, investigating agencies shall adopt a collaborative approach to ensure timely disposal of bail applications without affecting victim rights," said the Court.
Pertinently, the Court urged High Courts to set outer timelines for disposal of bail cases and also directed that casual adjournments should not be granted to Union or state governments."Practice has to be developed to not grant Union or States casual adjournments reminding them the court's solemn duty which is to protect the fundamental rights," said the Court.
The Bench further directed High Courts to institutionalise regular listing practices, including weekly or fortnightly scheduling of bail matters, with the possibility of automatic listing once every two weeks.It mandated that fresh bail pleas be listed promptly, adding,"Fresh bail plea to be listed on alternative days or within a week."To reduce procedural delays, the Court ordered that status reports must be filed before the first hearing and that counsel must serve advance copies of bail pleas on the office of the Advocate General or designated state agency. Significantly, it said the prevailing practice of issuing notice at the admission stage should be dispensed with.
It directed that bail pleas which are not taken up must be automatically relisted.To sum it up, SC directed High Courts, investigating agencies should cooperate, High Courts should set outer timelines for disposal of bail cases, Governments must not be allowed casual adjournments, High Courts should schedule bail matters weekly or fortnightly with automatic listing every two weeks, Fresh bail plea to be listed on alternative days or within a week , Status reports must be filed before the first hearing, Advanced copies of bail pleas must be served on the office of Advocate General or designated state agency and the Practice of issuing notice at the admission stage should be done away with.
The Court was hearing a case raising concerns regarding the pendency of such cases before the Punjab and Haryana High Court.The Court had earlier flagged concerns over mounting pendency of bail and anticipatory bail pleas in High Courts. In its order today, the Court addressed the issue of systemic bottlenecks. It noted that despite the establishment of forensic science laboratories (FSL), delays in forensic reports continue to hamper bail proceedings.
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