'Set timelines, don't adjourn': SC orders urgent bail hearings
What's the story
The Supreme Court has issued a series of directions to speed up the disposal of bail petitions pending before high courts across India in a key order bolstering the rights of undertrial prisoners. The bench, headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, emphasized that "high courts, investigating agencies shall adopt a collaborative approach to ensure timely disposal of bail applications without affecting victim rights."
Timely hearings
No casual adjournments to be given to Union or state
The court has asked high courts to set outer timelines for the disposal of bail cases. It also directed that casual adjournments should not be given 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.
Listing practices
HC to institutionalize regular listing practices for bail matters
The court has also directed high courts to institutionalize regular listing practices for bail matters. These could include weekly or fortnightly scheduling, with the possibility of automatic listing once every two weeks. Fresh bail pleas must be listed promptly, either on alternate days or within a week of filing. Furthermore, status reports should be filed before the first hearing and counsel must serve advance copies of bail pleas on the office of the advocate general or designated state agency.
Systemic issues
Court addresses systemic bottlenecks in bail proceedings
The court also addressed systemic bottlenecks in bail proceedings, noting delays in forensic reports despite the establishment of forensic science laboratories. It directed high court chief justices to ensure timely delivery of these reports. The bench also highlighted the role of investigating officers in victim-centric cases, cautioning that laxity could lead to granting bail to accused persons.
Pendency issues
SC's earlier concern over growing pendency of bail applications
The court had earlier expressed concern over the growing pendency of bail applications in High Courts. In February, it had expressed "extreme disappointment" at how pleas involving personal liberty were being handled, with some remaining pending for months and facing repeated adjournments. The court also took note of the situation in Madhya Pradesh High Court, where more than 63,000 bail applications were pending about a year ago.