For The One Last Time, SC Grants UP Govt 6 Weeks More To Decide On Criminal Procedure (UP) Amendment Bill 2010

The Uttar Pradesh (UP) government on Friday sought more time from the Supreme Court to take a decision on the Bill related to the issue of inclusion of anticipatory bail provision in the state.

A bench of Justice SA Bobde and Justice LN Rao granted six-week time to the Yogi Adityanath government to take a decision whether to place or not the Criminal Procedure (UP) Amendment Bill 2010 before the Assembly after the same was sent back by the President of India on some technical grounds in September 2011.

Appearing for the UP government, advocate Aishwarya Bhati told the bench that “we (govt) are examining the issue at the highest level, for which, six weeks time is required”.

Justice Bobde said “You are taking lot of time. Don’t ask for more time.”

To this, Bhati said: “Give us the last opportunity.”

Earlier, the bench had pulled up the state for not placing the Bill 2010 before the Assembly after the same was sent back by the President of India.

“Are you willing to act or not... why the government did not discharge its constitutional duties by getting the proposal passed in the Assembly with amendment,” the bench had asked.

The court was hearing a PIL filed by practicing lawyer Sanjeev Bhatnagar saying that the provision of anticipatory bail should be applicable in Uttar Pradesh and Uttaranchal like in the rest of the country.

According to the petition, Articles 14 and 15 of the Indian Constitution provide the fundamental right of equality and no discrimination, whereas the Preamble of the Constitution of India prominently considers Justice, Liberty, Equality and Fraternity as prime features.

Following the imposition of Emergency in 1975, the UP government had amended the CrPC in 1976 and had withdrawn this provision in the state.

Except for UP and Uttarakhand, all other states have the anticipatory bail provision in the Criminal Procedure.

In 2010, the Mayawati government, however, had passed the law in the Assembly to make arrangements for the provision of anticipatory bail but seeking some clarifications, the then President sent it back to the Governor in September 2011. Since then, the UP government did not get the proposal passed again in the Assembly with the amendment.