The Supreme Court has given directives for speedy bail decisions and addressing court vacancies, urging the Centre to consider a streamlined Bail Act within eight weeks. The move comes amid concerns over delays and echoes the court’s 2022 recommendation for uniform bail procedures.
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NEW DELHI: The Supreme Court of India has issued a comprehensive set of instructions aimed at reforming the bail process, enhancing the efficiency of special courts, and ensuring adherence to arrest procedures across all states, Union Territories, and key investigative bodies. This initiative underscores the judiciary’s commitment to streamlining legal processes and safeguarding the rights of individuals under the law.
The bench, comprising Justices MM Sundresh and SVN Bhatti, has not only outlined specific guidelines for various legal and investigative entities but also opened a dialogue with the Centre by granting an eight-week period for feedback on the potential introduction of a dedicated Bail Act. This proposal aims to “streamline the grant of bails,” addressing the critical need for consistency and predictability in judicial decisions regarding bail, a concern previously highlighted in the court’s 2022 judgment in the Satender Kumar Antil case.
Key Directives Issued by the Supreme Court:
To the Union of India:
The Court has requested information on any Bail Law currently under consideration or development, an assessment regarding the necessity for more Special Courts (CBI) in districts with high case backlogs, and a status update on whether investigative agencies are complying with the court’s directives as per the Satender Kumar Antil case.
To the Central Bureau of Investigation (CBI):
The CBI is to provide details on FIRs where Sections 41 and 41-A of CrPC, along with directives from the Arnesh Kumar case, were not followed. Additionally, the CBI must report on actions taken against non-compliant officers and ensure that its investigators are following Standing Orders/Criminal Manual, circulating relevant judgments, and facilitating ongoing training for prosecutors.
To the National Legal Services Authority (NALSA):
NALSA is tasked with updating the court on compliance with the Satender Kumar Antil case directives and detailing follow-up actions taken based on information from various authorities. All states and Union Territories are directed to cooperate with NALSA in this endeavor.
Specific directives were also issued to individual states and Union Territories, focusing on the adherence to arrest and bail procedures, the establishment and operation of Special Courts.
Andhra Pradesh:
The State of Andhra Pradesh and its High Court have been tasked with a detailed review of First Information Reports (FIRs) and the actions taken against police officers who fail to comply with the established legal framework. The directives emphasize the need for Special Courts, adherence to correct legal positions in prosecutions, and the importance of continuous training for legal practitioners. The High Court’s role in ensuring bail compliance and addressing the challenges faced by prisoners unable to meet bail conditions underscores a comprehensive approach to legal reform.
Andaman and Nicobar Islands:
The Union Territory of Andaman and Nicobar Islands is focused on ensuring that FIRs for cognizable and non-bailable cases adhere to the correct procedures. The directives call for accountability among police officers, the establishment of Special Courts, and the dissemination of key judgments to guide legal proceedings. The emphasis on periodic training for prosecutors aims to solidify the legal foundation and ensure consistent application of the law.
Arunachal Pradesh:
Arunachal Pradesh is directed to scrutinize FIRs and the actions of police officers closely, ensuring compliance with standing orders. The state is also working towards the establishment of additional Special Courts and reinforcing the legal acumen of prosecutors through continuous education. This effort is geared towards ensuring that legal positions are correctly stated and followed, reflecting a commitment to judicial integrity.
Assam:
The State of Assam is tasked with providing detailed reports on FIRs and the subsequent actions taken against non-compliant officers. A significant focus is placed on the processing of bail applications and the establishment of Special Courts to handle the backlog of cases. The High Court of Gauhati is instrumental in identifying instances of bail being granted without proper compliance, highlighting the need for a thorough review of bail processes.
Bihar:
Bihar faces the challenge of filling vacancies in Prohibition and Excise Courts and Courts for Scheduled Castes and Scheduled Tribes. The directives emphasize the need for Special Courts and the steps taken to address this issue. The High Court of Patna is called upon to ensure compliance with detailed legal directives, particularly in districts with notable non-compliance, showcasing a targeted approach to legal reform.
Chandigarh:
The Union Territory of Chandigarh is directed to ensure that FIRs comply with the necessary legal standards and that actions are taken against erring officers. The focus on establishing Special Courts and the continuous training of prosecutors aim to uphold the highest legal standards and ensure that justice is served efficiently and effectively.
Chhattisgarh
They need to check police reports for serious cases not following specific legal sections and take action against police officers who don’t follow rules. They also need to share information about special courts and their training programs.
High Court of Chhattisgarh: They must show how they’re following the Supreme Court’s orders, use certain judgments in bail requests, and ensure these judgments are taught in legal education.
Dadra and Nagar Haveli + Daman and Diu
Similar to Chhattisgarh, they need to review police reports, take action against non-compliant officers, and provide information on special courts and efforts to fill any gaps.
Delhi
Delhi has the same instructions as above regarding police reports, actions against officers, and details on special courts.
High Court of Delhi: They need to report on bail cases, follow specific guidelines, and ensure prisoners who can’t meet bail conditions get attention.
Goa
Goa is asked to review police reports, take action against officers not following orders, and give updates on special courts. They also need to make sure legal positions are correctly stated and understood by prosecutors.
Gujarat
Instructions include reviewing police reports, disciplining officers, and providing updates on special courts. Prosecutors must be well-informed and trained.
High Court of Gujarat: They need to ensure compliance with legal standards, provide information on special courts, and address the situation of prisoners who can’t afford bail.
Haryana
Similar directives as Gujarat, focusing on police reports, officer compliance, special courts, and prosecutor training.
Himachal Pradesh
They’re asked to review police reports, ensure officer compliance, and give details on special courts. They also need to help prisoners who got bail but are still in jail.
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High Court of Himachal Pradesh: They must provide information on the need for special courts and help prisoners struggling with bail conditions.
Jammu & Kashmir
The focus is on reviewing police reports, ensuring officer compliance, and updating on special courts.
High Court of Jammu and Kashmir and Ladakh: They need to ensure legal guidelines are followed, especially regarding bail and special courts, and help prisoners with bail issues.
Jharkhand
They must check police reports, discipline officers, update on special courts, and ensure prosecutors are well-trained.
High Court of Jharkhand: They’re asked to look into bail discrepancies, ensure compliance with special court directives, and assist prisoners with bail issues.
Karnataka
Karnataka needs to review police reports, ensure officer compliance, and provide updates on special courts.
High Court of Karnataka: They must ensure compliance with directives, especially regarding special courts and prisoners with bail issues.
Kerala
They’re directed to review police reports, take action against non-compliant officers, and update on special courts. Training for prosecutors is also emphasized. They need to ensure directives are followed, especially regarding special courts and helping prisoners with bail conditions.
Ladakh
Instructed to review police reports for serious cases not following specific laws, take action against non-compliant officers, and update on the progress of establishing more Special Courts.
Lakshadweep
Must check police reports for non-compliance, discipline officers accordingly, and report on Special Courts. They’re also tasked with ensuring prosecutors are up-to-date with key legal judgments and training.
Madhya Pradesh
High Court are to ensure police reports are properly followed up, Special Courts are being established as needed, and prosecutors are well-informed and trained. The High Court must also ensure bail processes comply with legal standards.
Maharashtra
High Court of Bombay need to submit detailed reports on their compliance with legal directives, especially regarding bail, and update on the status of Special Courts.
Manipur
Directed to review police reports, take corrective actions against officers, and work on the establishment of Special Courts. The High Court is also to ensure that bail conditions are properly applied.
Meghalaya
Must ensure police compliance with laws, take action against erring officers, and report on the progress of Special Courts.
Mizoram
Reviewing police reports, disciplining officers, and updating on Special Courts.
Nagaland
Ensure police compliance, take action against non-compliant officers, and update on Special Courts, including training for prosecutors.
Odisha
Directed to ensure police reports are followed up, actions are taken against erring officers, and there’s progress on Special Courts. The High Court must also clarify compliance with legal guidelines.
Puducherry
Instructed to review police reports, discipline officers, and report on Special Courts, ensuring prosecutors are well-trained.
Punjab
Need to ensure police compliance with laws, update on Special Courts, and take steps to alleviate the situation of prisoners unable to meet bail conditions.
Rajasthan
Tasked with ensuring police and court compliance with legal directives, updating on Special Courts, and ensuring prisoners’ rights are protected.
Sikkim
Must ensure compliance with legal directives, update on Special Courts, and take care of prisoners unable to meet bail conditions.
Tamil Nadu
Madras are directed to review police reports, ensure officer compliance, update on Special Courts, and ensure the legal education of prosecutors.
Telangana
Need to ensure police reports are properly managed, actions are taken against non-compliant officers, and there’s progress on Special Courts.
Tripura
Ensuring police compliance with laws, updating on Special Courts, and ensuring prosecutors are well-trained.
Uttarakhand
Directed to ensure police compliance, update on Special Courts, and ensure timely disposal of bail applications.
Uttar Pradesh
Allahabad are directed to review police reports, ensure officer compliance, update on Special Courts, and ensure the rights of undertrial prisoners are safeguarded.
West Bengal
Need to ensure police compliance with laws, update on Special Courts, and ensure timely disposal of bail applications.
These directives aim to ensure that legal processes are correctly followed, Special Courts are effectively utilized, and the rights of individuals are protected across India.