“Supreme Court become a Bail court” Justice Bela Trivedi Denies Rohatgi’s Request to Hear Bail Matter

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“Bail matters, Supreme Court should not interfere. That is my opinion. It should rest and end with High Courts…Supreme Court has become a bail court,” Justice Trivedi stated.

New Delhi: Today (May 24): The Supreme Court of India took a firm stance against its growing role in bail proceedings, asserting that such matters should be concluded at the High Court level without the need for the apex court’s intervention.

A Vacation Bench comprising Justices Bela M. Trivedi and Pankaj Mithal expressed strong opinions during the hearing of a bail petition, advocating for the finality of bail decisions within the High Courts without necessitating the apex court’s intervention.

Justice Trivedi remarked,

“Bail matters; the Supreme Court should not interfere. That is my opinion. It should rest and end with High Courts… The Supreme Court has become a bail court.”

Justice Mithal added that even if bail is denied by the High Court, petitioners have the option to file fresh applications or appeals.

The comments came during the hearing of a bail matter where Senior Advocate Mukul Rohatgi was representing the petitioner. The court humorously acknowledged the virtual appearance of Senior Advocate Sidharth Luthra, who was appearing from a hill station, questioning the necessity of senior lawyers handling such matters.

“How much money do you want to make? Enjoy your vacations. Mr. Sidharth (Luthra), where are you appearing from, Which resort?” the Court humorously remarked.

Despite Rohatgi’s efforts to advocate for his client’s bail, the Supreme Court remained steadfast in its decision not to interfere, directing the petitioner to surrender within three weeks.

The Court noted,

“If a junior had come, we might have issued notice,” highlighting its preference for resolving such matters without senior counsel’s involvement.

The Supreme Court’s firm position on limiting its involvement in bail matters emphasized the judiciary’s intent to streamline the legal process and reinforce the authority of High Courts. By advocating for the resolution of bail issues at the High Court level, the Supreme Court aims to reduce the burden on the apex court and ensure that justice is administered efficiently.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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