The High Court of Allahabad has directed all Judges of District & Sessions Courts in Uttar Pradesh to dispose of bail applications within two weeks in light of a recent Supreme Court judgment in the Satender Kumar Antil case. The directive was issued through a communication by the registrar general of the high court to all district and sessions judges in the state.
The letter emphasized that it is the duty of the subordinate judiciary to follow the law of the land and warned that if people are sent to judicial custody where they are not required to, and if aggrieved parties move for further litigation on account of the same, the magistrates may be sent to judicial academies for skill upgradation.
The Supreme Court had taken a serious view of judicial officers dealing with bail applications in a “lackadaisical manner” even after clear directions issued time and again. The apex court had observed that even after ten months of passing its judgment in the Satender Kumar Antil case, district judiciary was not complying with the directions issued.
In the Satender Kumar Antil vs CBI & another case, the Supreme Court had passed several directions, including that bail pleas ought to be disposed of within a period of two weeks, except where the provisions mandate otherwise, with the exception being an intervening application. Applications for anticipatory bail were expected to be disposed of within a period of six weeks, with the exception of any intervening application.
In another order passed in October 2021, the Supreme Court had issued guidelines for granting bail after the filing of the chargesheet and had observed that trial courts were not precluded from granting interim relief, considering the accused’s conduct during the probe.
The Allahabad High Court’s recent directive comes as a reminder to the lower judiciary to comply with the Supreme Court’s directions, failing which magistrates may be sent to judicial academies for skill upgradation. The timely disposal of bail applications is crucial for ensuring the speedy delivery of justice, which is the fundamental right of every citizen.