NOT LISTING BAIL APPLICATION FOR 1 YEAR, INFRINGE THE LIBERTY OF THE ACCUSED - SC

The Apex Court expressed disappointment and shock after learning that the Punjab and Haryana Court has not listed a bail application under Section 439 of the CrPC for more than one year. The SC said that not listing applications for regular bail impinge upon the person's liberty in custody.

The bench of Justices Hemant Gupta and V. Ramasubramanian heard a special leave petition against an order of the P&H court, declining the request for hearing a bail application u/s 439 of CRPC, pending since February 2020.

The Bench said that when other courts during the pandemic are attempting to hear and decline all matters, not listing such applications defeats the administration of justice. Under the prevailing pandemic of Covid 19, at least half of the judges should sit on alternative days so that hearing is accorded to the person in distress.

The Bench further expressed hope that the HC will take up the matter as soon as possible to restore the accused's rights. The bench directed the Registrar General of the HC to bring this order and concern before the competent authority to take quick remedial steps.

Author: Papiha Ghoshal