Supreme Court Questions Central Government on Prospective Bail Law

In a recent development, the Supreme Court has sought clarification from the Central government regarding the possibility of introducing a new bail law in alignment with a landmark judgment from June 2022, as part of an ongoing case [Satender Kumar Antil v. Central Bureau of Investigation and anr]. The bench, comprising Justices MM Sundresh and SVN Bhatti, presented a set of queries, including the contemplation of a new bail law, an assessment on establishing special courts for districts with high case pendency, and compliance with the directives outlined in the Satender Kumar Antil judgment by investigative agencies under the Central government's purview.

The court has set the next hearing for May 7, 2024, to address these queries and other compliance matters related to its July 2022 judgment. In the Satender Antil case, the court underscored the need for enforcing provisions of the Code of Criminal Procedure in arrests and trials, advocated for new bail legislation, and emphasized timely decisions on bail applications.

Senior Advocate Sidharth Luthra, the Amicus Curiae, highlighted instances of non-compliance with the court's order in Siddharth v State of Uttar Pradesh during earlier hearings. The March 2023 order mandated the inclusion of judgments in Antil and Siddharth in the curriculum of judicial academies. In the latest order on February 13, the court directed all states, union territories, and central agencies to provide updated compliance affidavits within eight weeks.

The Court has also requested details of cases where police officials have not adhered to Sections 41 and 41A of the CrPC and the guidelines in Arnesh Kumar v. State of Bihar, along with actions taken against non-compliant officials. The matter will be phased, with the first phase addressing issues related to specific states and union territories on May 7.

Senior Advocate Gaurav Agrawal represented the National Legal Services Authority, and Additional Solicitor General Aishwarya Bhati represented the Union government during the proceedings. The Court's scrutiny reflects its commitment to ensuring the proper implementation of legal procedures and safeguards in the justice system.

Author: Anushka Taraniya

News Writer, MIT ADT University