Lawstreet Journal

“Non-availability of a Judge invades citizen’s liberty”: Allahabad High Court

Lawstreet Journal 8 Jul 2021 10:47pm

Image courtesy: Lawstreet Journal Judiciary “Non-availability of a Judge invades citizen’s liberty”: Allahabad High Court

Observing that the plea could not be filed before the lower court in Aligarh District because it was closed due to Covid-19, the Allahabad High Court entertained a bail plea by an applicant who approached the higher court in first instance. 

However, the bench of non-availability put its remark on the scenario by stating that however adverse the circumstances, the doors of justice ought not to become totally inaccessible.

Apparently, due to the lockdown restrictions, the office of the District Court at Aligarh was not accepting any applications which in a way compelled the applicants to move to the High Court directly.

The Court was dealing with a bail plea presented before it on May 19, 2021 as during the relevant time all the District Courts (in Aligarh district) were either actually locked down or virtually inaccessible because of the widespread restrictions on the movement of persons.

The Court also remarked that as soon as the police arrest someone who has supposedly committed a crime, there must be a judge available to hear bail pleas at the headquarters where the arrest is made.

Further, the Court observed that, “The non-availability of a Judge at the Headquarters seriously invades a citizen's liberty, where virtually there is a remand Magistrate to send a person arrested to jail, but no Judge, at least in the Sessions, to consider his bail plea.”

The bail application was entertained in the current circumstance and the counsel for the applicant was granted a week’s time to… Continue Reading...

Tagged: Allahabad High Court  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0

C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail