The Supreme Court on Friday expressed concern over the recent trend of High Courts denying bail while at the same time giving directions to trial courts to speed up trial as a consolation to the accused[Romesh Kumar v. Union of India]..A bench of Justice Abhay S Oka and Justice Augustine George Masih described this situation as "shocking." This practice has led to situations where accused individuals remain in custody for extended periods, the Court lamented."There is new practice going on by High courts where they deny bail but give solace to lawyer by directing trial be completed expeditiously. Accused is behind for three years and seven months. These are shocking affairs going on," Court orally observed..The Court was hearing a plea filed by an Assistant Sub-Inspector (ASI) in the Technical Surveillance Unit who had been denied bail by the Jammu and Kashmir High Court in May over his alleged involvement in narco-terrorism activities.Jammu and Kashmir High Court, while denying bail to the ASI, had directed the trail court to expeditiously examine the witnesses. The Supreme Court voiced serious concern over the prolonged detention of the accused, highlighting that he has been in jail for a period of 3 years and 7 months.The counsel for the National Investigation Agency (NIA) requested the Court allow a week's time to take instructions. The Court proceeded to allow the same and adjourned the case..Senior Advocate Shadan Farasat, advocates Talha Abdul Rahman, Mreganka Kukreja, M Shaz Khan, Abhishek Babbar, Sudhanshu Tewari and Faizan Ahmad, appeared for Kumar.Additional Solicitor General Rajkumar Bhaskar Thakare, advocates Swati Ghildiyal, Kartikeya Asthana, Chitvan Singha and Arvind Kumar Sharma, appeared for Union..[Read Order]
The Supreme Court on Friday expressed concern over the recent trend of High Courts denying bail while at the same time giving directions to trial courts to speed up trial as a consolation to the accused[Romesh Kumar v. Union of India]..A bench of Justice Abhay S Oka and Justice Augustine George Masih described this situation as "shocking." This practice has led to situations where accused individuals remain in custody for extended periods, the Court lamented."There is new practice going on by High courts where they deny bail but give solace to lawyer by directing trial be completed expeditiously. Accused is behind for three years and seven months. These are shocking affairs going on," Court orally observed..The Court was hearing a plea filed by an Assistant Sub-Inspector (ASI) in the Technical Surveillance Unit who had been denied bail by the Jammu and Kashmir High Court in May over his alleged involvement in narco-terrorism activities.Jammu and Kashmir High Court, while denying bail to the ASI, had directed the trail court to expeditiously examine the witnesses. The Supreme Court voiced serious concern over the prolonged detention of the accused, highlighting that he has been in jail for a period of 3 years and 7 months.The counsel for the National Investigation Agency (NIA) requested the Court allow a week's time to take instructions. The Court proceeded to allow the same and adjourned the case..Senior Advocate Shadan Farasat, advocates Talha Abdul Rahman, Mreganka Kukreja, M Shaz Khan, Abhishek Babbar, Sudhanshu Tewari and Faizan Ahmad, appeared for Kumar.Additional Solicitor General Rajkumar Bhaskar Thakare, advocates Swati Ghildiyal, Kartikeya Asthana, Chitvan Singha and Arvind Kumar Sharma, appeared for Union..[Read Order]