New Delhi, Feb 27 The Supreme Court has emphasized the paramount importance of individual liberty, calling for expeditious decisions on bail and anticipatory bail pleas. Expressing concern over delays in bail matters before the Bombay High Court, the apex court termed it an infringement of the fundamental right to life and personal liberty under Article 21.
A bench comprising Justices BR Gavai and Sandeep Mehta noted that across several cases, the Bombay HC was disposing of bail applications on technicalities rather than merits, depriving citizens of due process.
“Not deciding matters of liberty expeditiously would deprive parties of their precious rights under Article 21,” the bench asserted.
Article 21, which safeguards life and personal liberty, is the cornerstone of the Constitution, the Supreme Court reiterated. Expeditious adjudication of bail pleas is thus essential to upholding this right.
The court has requested the Chief Justice of the Bombay High Court to advise all judges hearing criminal matters to decide bail applications without delay. Speedy bail hearings prevent prolonged detentions during the trial when the accused are deemed innocent until proven guilty.
In one case, the bench was dismayed to see an accused languishing in jail for over seven years with his bail plea disposed of on technical grounds. The SC promptly quashed the impugned HC order and directed it to hear the matter on its merits within two weeks.
The SC’s firm nudge to high courts for timely bail decisions reaffirms the judiciary’s role in checking potential misuse of pre-trial detentions. It sends a strong reminder to judges to uphold personal liberty above all. Swift access to bail is an important safeguard against arbitrary denial of freedom.
