Disturbing Trend Of Courts Considering Unrelated Matters In Bail Pleas- Supreme Court

The Supreme Court today said that it is disturbed by the trend of Courts considering matters that are unrelated to bail while hearing bail pleas.

The Bench of Justice A M Khanwilkar and Justice J B Pardiwala said that it is time to say out loud and that Court is "disturbed about this trend".

On Monday, the Bench of Chief Justice N. V. Ramana had stayed all further proceedings with respect to the issues that are not linked to the bail application, that were being considered by the Karnataka High Court Judge, Justice H.P. Sandesh who had recorded in his order passed in a bail application that he received a threat of transfer.

Earlier, the Bench had observed about that matter that the bail applicant before the Karnataka High Court has suffered on account of what transpired in his bail application. "He is the real victim of the circumstances", Tushar Mehta had said.

The observation today came in during the hearing of a plea by Samajwadi Party MLA Azam Khan challenging bail conditions imposed on him by the Allahabad High Court, by which the District Magistrate of Rampur was directed to take possession of land attached to the Jauhar University campus.

While setting aside the bail condition imposed by the High Court directing the District Magistrate to take possession of the land, a Bench of Justice A M Khanwilkar and Justice J B Pardiwala retained the other conditions which were relevant for the grant of bail to Khan, who is the Chancellor of Jauhar University.

"This is yet another matter where we find that the high court has referred to matters which are unrelated to the consideration of prayer for bail relating to the crime registered against the concerned accused," the Bench said.

Additional Solicitor General S V Raju, appearing for the state, has urged the court to impose additional conditions that Khan be directed to refrain from entering Rampur district during the bail period.

"We are not impressed by this submission," the Bench said.

The Apex Court said that the authorities, acting upon the observations made in the High Court's judgement, had initiated action including sealing of certain premises as noted in a May 18 communication.

"All actions taken by the revenue authorities or state authorities in reference to the observations made in the impugned bail order dated May 10, 2022, be deemed to have been effaced from the record," it said.

However, the Bench said it would not preclude the competent authority to initiate action independently based on other tangible material, information/documents, or evidence available to initiate action under the concerned legislation, including in respect of the management and properties of the university.

"In terms of these observations, we direct the joint magistrate/deputy district magistrate to take immediate steps for unsealing the property referred to in the communication dated May 18, 2022," the Bench said.

The Apex Court disposed of the pleas, including the appeal filed by Khan against the May 10 order of the High Court. On May 27, a vacation bench of the top court stayed the High Court's bail condition imposed on Khan directing the District Magistrate to take possession of the land attached to the Jauhar University campus. It had said that prima facie the bail condition imposed on Khan was disproportionate and sounds like a decree of a civil court. 

With PTI inputs