The Supreme Court on Friday directed all courts in the country to pronounce orders on bail applications either on the same day or the next day, holding out hope for thousands of undertrial prisoners.
The directions were passed by a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, which also directed high courts to ensure that reserved judgments were passed within a three-month timeline so that the litigants didn’t face hardships and uncertainties.
The apex court was dealing with a case related to the delay in the pronouncement of judgments by Jharkhand High Court.
CJI Kant said the top court was using its special constitutional powers under Article 142, which empowered it to pass any directions, orders or judgments to render justice to the aggrieved parties.
The bench made it clear that its directions would have a binding effect on all high courts and trial courts in the country.
The top court said if a bench of the high court failed to pronounce the judgment it had reserved within three months, the aggrieved litigant could file an application before the high court chief justice concerned for relisting the matter before another bench for fresh arguments.
The top court also asked the high court chief justices to send internal confidential notes to high court judges if there were indications that any judgment/reserved order was being delayed, so that the process can be expedited.
The order is significant because thousands of undertrial prisoners remain in jails across the country because of the delay in the hearing of their bail applications and the pronouncement of orders. Their incarceration is further prolonged by jail authorities, who often claim that they had not received the court order.
The apex court on Friday emphasised prioritising the pronouncement of bail orders as it involved a citizen’s fundamental right to life and liberty guaranteed under Article 21 of the Constitution.
The official order had not been uploaded till the time of filing the report.