📷 Image Credits: The Times of India
The Supreme Court of India has expressed deep concern over the casual manner in which bail orders are stayed by higher courts, particularly when the accused is not considered a threat to society. The apex court emphasized that staying bail orders affects the liberty of individuals and should not be done without valid reasons. In a recent hearing, a bench comprising of justices Abhay S Oka and AG Masih raised important questions about the practice of staying bail orders without proper justification.
The Court criticized the practice of higher courts staying bail orders without clear reasons, highlighting a case where a person was granted bail, but the order was stayed for one year based on a request from the enforcement agency. The bench questioned the necessity of staying a bail order unless the accused is a terrorist or poses a threat to society. The Court expressed its intention to deliver a comprehensive judgment to establish clear guidelines and deterrents against the casual staying of bail orders.
The recent controversy involving Delhi Chief Minister Arvind Kejriwal, who was in judicial custody after a bail order was stayed by the Delhi High Court, has brought this issue to the forefront. The trial court cited a lack of direct evidence against Kejriwal and suggested potential bias in the enforcement agency’s approach. The Supreme Court’s upcoming judgment is expected to set a precedent on how bail orders are handled by higher courts, ensuring fair and transparent legal proceedings.
The Court also highlighted a case involving Parvinder Singh Khurana, who was granted bail in a money laundering case by a Delhi court. The Delhi High Court stayed the bail order without providing any reasons, prompting Khurana to move the Supreme Court against the stay order. The bench, during the hearing, pointed out the contradictory nature of the trial court’s orders and expressed discontent with the casual manner in which bail orders are stayed.
Overall, the Supreme Court is set to deliver a comprehensive ruling on the issue of staying bail orders and is expected to lay down clear guidelines to prevent such practices in the future. The upcoming judgment will address the concerns raised about the liberty of individuals and the responsibilities of investigating agencies and the judiciary in ensuring fair legal proceedings.
