SC directs Centre to consider new bail law to streamline release of accused

The Supreme Court has directed the Centre to consider framing a new law to grant bail so as to streamline the release of accused in criminal cases. Issuing a slew of directions on Monday, July 11, a bench of Justices SK Kaul and MM Sundresh said investigating agencies and their officers are duty bound to comply with Section 41-A of the Criminal Procedure Code (Notice of appearance before police officer).

Further, the apex court urged the Centre to frame a law to restrain investigating agencies such as the Enforcement Directorate (ED) and the CBI from arresting the accused unnecessarily. Such indiscriminate arrests reflect a colonial mindset and create the impression of a “police state”, it said.

Also read: SC extends Mohammed Zubair’s bail till further orders; next hearing on Sept 7

The Narendra Modi government has been accused of using investigative agencies to target Opposition leaders and others for political reasons. The detention of Bollywood star Shah Rukh Khan’s son Aryan Khan last year in a drug case particularly drew criticism, since the charges against the accused were finally dropped for want of any evidence.

On Monday, the top court also directed all high courts to find undertrial prisoners who are not able to comply with bail conditions and take appropriate action to facilitate their release. It further directed all state governments, Union Territories and high courts to file status reports in four months.

The apex court’s direction came while pronouncing a judgment in a case related to the  arrest of a man by the CBI. 

‘Pressing need’ for new bail law

The SC bench appealed to the Centre to frame a new law to streamline the process of granting bail, saying there is a “pressing need” for it. It ruled that the regular bail application of an accused had to be decided normally within two weeks and anticipatory bail within six weeks. It directed all states and Union territories to ensure strict compliance with Sections 41 and 41A of the CrPC on the process to be adopted before arresting people.

The bench said the principle that “bail is the rule and jail is the exception” is the touchstone of Article 21 (Right to Life and Liberty) of the Constitution, which has been repeatedly held by the apex court and presumption of innocence is a universal principle.

Jails are flooded, says judge

“Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than two-thirds of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, the majority may not even be required to be arrested despite registration of a cognisable offence. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of them. 

“As observed by this court, it certainly exhibits the mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact that arrest is a draconian measure resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an impression that it is a police state as both are conceptually opposite to each other,” said Justice Sundresh, as quoted by media reports.

(With agency inputs)