How the SC speaks in contradictory voices on bail

14/07/2024

Scroll.in / by Vineet Bhalla

Bail has been reduced to a judicial lottery with different judges and benches of the court taking inconsistent stances on similar issues.
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On July 11, the Supreme Court castigated the Delhi High Court for staying a regular bail order in separate case for over a year when it has itself stayed the order granting bail to Dalit activist Mahesh Raut in the Bhima Koregaon case for more than nine months now.
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Casual and mechanical staying of bail Orders disastrous for human liberty, says SC

13/07/2024

The Leaflet / by The Leaflet

In a significant development, a Supreme Court Bench of Justices Abhay S. Oka and Augustine George Masih has said it will lay down parameters on the stay of bail-granting Orders.
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The Supreme Court itself has been guilty of staying bail Orders without reason. For instance, Bhima Koregaon accused Gautam Navlakha was granted regular bail by the Bombay High Court Bench on December 19, 2023, after observing that it could not be said, based on the material produced by the National Investigation Agency (NIA), that there exist reasonable grounds for believing that the accusation against Navlakha was prima facie true to attract Sections 16, 18, 20 and 39 of the Unlawful Activities (Prevention) Act.
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Also read:
▪ Contrary To SC’s Rules Of Assignment, At Least 8 Politically Sensitive Cases Moved To One Judge In 4 Months (article 14 / Dec 2023)
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)