The Supreme Court has expressed surprise over the
non-listing of the bail plea in the Punjab and Haryana High Court for more than
a year. The Supreme Court has observed that non-listing of a petition for
regular bail affects the liberty of a person in custody. The court also
insisted that amid the ongoing COVID-19 pandemic, at least half of the judges
should sit on alternate days to hear those in distress. The court said that the
denial of bail is a violation of the right to liberty.
The Supreme Court today expressed “shock” over a bail plea
filed in the Punjab and Haryana High Court not being listed for hearing for
more than a year, saying the denial of hearing amounted to a violation of the
rights and freedoms of an accused. A vacation bench of Justices Hemant Gupta
and V Ramasubramaniam observed that even during this pandemic, when all courts
are trying to hear and decide all cases, the non-listing of any such
application for bail would prevent justice.
“Amidst the current pandemic, at least half the judges
should sit on alternate days so that the person in distress can be heard,” the
bench said in its order. The Supreme Court was hearing a petition against an
order in which the High Court’s request to hear a bail plea pending since February
28 last year was rejected by the High Court.
The bench said, “Ordinarily, we do not interfere with any interim order passed
by the High Court, but we are constrained to pass this order as we are
surprised to see that the bail application under Section 439 of Cr.P.C. It is not
being listed for hearing even after more than a year.”
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Dr. Deepak Miglani, Email id.:- legalbuddy@gmail.com
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