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NEW DELHI: In view of recent cases of delay in releasing accused from jail after grant of bail by courts, the Supreme Court has taken suo motu cognizance of the issue and a bench headed by Chief Justice N V Ramana will hear the case on Friday.
The bench, also comprising Justices L Nageawara Rao and A S Bopanna, will examine what could be done to ensure that the accused are released without delay after grant of bail as it amounts to violation of their rights and also the court orders which normally direct that the accused be released forthwith after fulfilling the conditions. The court may also examine whether some kind of guidelines be also framed.
In a case of delay in releasing the accused, the Delhi high court, after granting bail, had to intervene again before Jamia student Asif Iqbal Tanha and JNU’s Devangana Kalita and Natasha Narwal were released from Tihar jail. They were released 48 hours after the bail order.
Despite getting bail from the HC, the trio, who had been arrested in May last year under the stringent Unlawful Activities (Prevention) Act (UAPA) in the Delhi riots conspiracy case, had to remain behind bars with Delhi Police raising a red flag on verification of address of the accused and Aadhaar cards of the persons who stood surety for them.
In another case, the SC granted interim bail to 13 prisoners lodged in Agra Central Jail on July 8 but they were released after 4 days. The court granted bail to the prisoners who spent around 20 years in prison and were not released despite them being recently declared as juvenile at the time of committing offence.
The convicts had not taken the defence of juvenility due to ignorance during the trial and it came to light when their age was examined on the direction of the Allahabad HC. The HC had passed the direction in 2012 and ordered the Juvenile Justice Board to hold an inquiry for determination of the age of such prisoners who were found to be juvenile at the time of committing offence.
The bench, also comprising Justices L Nageawara Rao and A S Bopanna, will examine what could be done to ensure that the accused are released without delay after grant of bail as it amounts to violation of their rights and also the court orders which normally direct that the accused be released forthwith after fulfilling the conditions. The court may also examine whether some kind of guidelines be also framed.
In a case of delay in releasing the accused, the Delhi high court, after granting bail, had to intervene again before Jamia student Asif Iqbal Tanha and JNU’s Devangana Kalita and Natasha Narwal were released from Tihar jail. They were released 48 hours after the bail order.
Despite getting bail from the HC, the trio, who had been arrested in May last year under the stringent Unlawful Activities (Prevention) Act (UAPA) in the Delhi riots conspiracy case, had to remain behind bars with Delhi Police raising a red flag on verification of address of the accused and Aadhaar cards of the persons who stood surety for them.
In another case, the SC granted interim bail to 13 prisoners lodged in Agra Central Jail on July 8 but they were released after 4 days. The court granted bail to the prisoners who spent around 20 years in prison and were not released despite them being recently declared as juvenile at the time of committing offence.
The convicts had not taken the defence of juvenility due to ignorance during the trial and it came to light when their age was examined on the direction of the Allahabad HC. The HC had passed the direction in 2012 and ordered the Juvenile Justice Board to hold an inquiry for determination of the age of such prisoners who were found to be juvenile at the time of committing offence.
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