The Supreme Court on Monday expressed concern over the prolonged pendency of thousands of bail petitions in high courts, calling it a violation of the fundamental right to liberty. The court directed that issuance of notice on bail pleas could be dispensed with by serving a copy of the petition in advance on the prosecution, enabling them to respond on the very first day of hearing.
Current Practice and Delays
At present, courts typically issue notice on bail pleas and seek responses from the state government, investigating agency, or prosecution. This process often takes weeks, leading to significant delays in disposing of pleas for release from judicial or police custody in criminal cases.
Madras High Court Applauded
The bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, praised the Madras High Court for its efficiency in deciding bail petitions. However, it noted that the Allahabad High Court faces an overwhelming number of cases, with judges hearing nearly 200 bail petitions daily.
Balancing Rights
The Supreme Court emphasized that speedy hearing of bail petitions should not come at the cost of victims' rights. It issued a slew of directions, including automatic re-listing of bail petitions that have already been entertained, for hearing at least once a fortnight using a software program. The bench stated, 'Responsibility of investigating agencies and prosecution is very important in victim-centric criminal cases where any laxity on their part could result in grant of bail to accused.'
Discouraging Adjournments
The court directed high courts to evolve practices to discourage government, probe agencies, and prosecution from seeking adjournments, reminding them of the court's duty to protect fundamental rights.
NDPS Cases and Forensic Reports
Noting delays in trials under the Narcotic Drugs and Psychotropic Substances (NDPS) Act due to non-furnishing of forensic laboratory reports, the bench asked high court chief justices to engage with governments to expedite FSL reports in court cases.
Portal for Status Tracking
The bench suggested that high courts create a portal displaying the status of each pending bail petition, enabling the accused, prosecution, and court to take remedial steps for expeditious disposal.
