Lawstreet Journal

'Right to Apply for Bail is an Individual Right Implicit in Articles 14, 19 & 21' of the Constitution' : Supreme Court

Lawstreet Journal 2 Oct 2021 8:43pm

Image courtesy: Lawstreet Journal Judiciary 'Right to Apply for Bail is an Individual Right Implicit in Articles 14, 19 & 21' of the Constitution' : Supreme Court

Recently, the Supreme Court disapproved the blanket orders passed by Rajasthan High Court to not list application relating to bail appeals, applications for suspension of sentence and revisions as urgent matters during the lockdown.

"The right to apply for bail is implicit in Articles 14, 19 and 21 of the Indian Constitution and cannot be taken away by judicial order, " the bench of Justices Nageswara Rao and Aniruddha Bose stated. 

The Court stated: 

“Such right has been taken away by judicial order, without compliance of procedure established by law, which in our constitutional jurisprudence, is akin to ‘the due process’ dictum. Right to apply for bail is an individual right implicit in Articles 14, 19 and 21 of the Constitution." 

Citing the Covid-19 pandemic, the bench directed the registry to neither list the matters relating to anticipatory bails in case of offences carrying maximum three years sentence and nor regular bail matters.

These orders were challenged by the Rajasthan High Court before the Apex Court, wherein the Apex court replied that these orders will also affect temporary eclipsing of statutory provisions. 

The Supreme Court said:

"Such an order also has the effect of temporarily eclipsing statutory provisions" 

The Bench also stated: 

"Such right has been taken away by judicial order, without compliance of procedure established by law, which in our constitutional jurisprudence, is a is akin to "the due process" dictum." 

Justice Bose stated in the judgement: 

"Right to apply for bail is an individual right implicit in Articles 14, 19 and… Continue Reading...


Tagged: Supreme Court of India  
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