'Large Number Of Remand Orders Passed In Violation Of Law Are From Uttar Pradesh' : Supreme Court Seeks Allahabad HC's Intervention

The Supreme Court recently noticed that a very large number of orders remanding accused to custody in violation of the directives issued by the top court are coming from Uttar Pradesh.

A bench comprising Justices Sanjay Kishan Kaul, Ahsanuddin Amanullah and Aravind Kumar was ascertaining the compliance of the directions given in the judgement in Satender Kumar Antil vs Central Bureau Of Investigation 2022 LiveLaw (SC) 577, wherein it had laid down elaborate guidelines to avoid unnecessary arrest and custody, and also to liberalize the grant of bail. The bench was aghast to note that despite the passage of over 10 months after the delivery of the judgment, many Magistrates are passing custody orders violating it.

The lawyers appearing in the matter presented before the bench several sample orders to illustrate that Magistrates are ignorant of the Supreme Court judgment. The bench observed that that the non-compliance of the directions in Satender Kumar Antil would have a dual ramification - a) sending people to custody when not required to be sent; b)creating further litigation, both of which the Court believed could not be countenanced.

The Bench also noted that a bulk of the cases where the Courts have acted in ignorance of the law laid down in Antil belong to the State of Uttar Pradesh, especially Hathras, Ghaziabad and Lucknow. The Bench asked the Counsel appearing for the Allahabad High Court to take necessary steps in this regard.

"Amongst the illustrative orders, very large number of them happens to be from Uttar Pradesh and we are informed that orders passed specially in Hathras, Ghaziabad and Lucknow Courts seem to be in ignorance of this law. We call upon the counsel for the High Court of Allahabad to bring this to the notice of the Hon’ble the Acting Chief Justice so that necessary directions are issued to ensure that such episodes don’t occur, including some of the suggestions made by us above", the bench observed in this regard.

A displeased Apex Court stated that if magistrates are passing orders in derogation of the law laid down in the said judgment, they may be required to be sent to judicial academies for upgradation of their skills. The High Court having supervision over the District judiciary was also advised to ensure that the law laid by the Supreme Court is followed.

“...in our view it is the duty of the High Courts that it ensures that the subordinate judiciary under their supervision follows the law of the land. If such orders are being passed by some Magistrates it may even require some judicial work to be withdrawn and the magistrate to be sent to judicial academies for upgradation of their skills.”

[Case Title: Satendra Kumar Antil v. CBI And Anr. MA 2034/2022 in MA 1849/2021 in SLP(Crl)No. 5191/2021]

Citation : 2023 LiveLaw (SC) 233

Bail & Remand - Supreme Court displeased that Magistrates are passing custody orders in violation of the directions in Satender Kumar Antil vs Central Bureau Of Investigation 2022 LiveLaw (SC) 577-it is the duty of the High Courts that it ensures that the subordinate judiciary under their supervision follows the law of the land. If such orders are being passed by some Magistrates it may even require some judicial work to be withdrawn and the magistrate to be sent to judicial academies for upgradation of their skills - Para ii

Bail & Remand- we are of the view that all prosecuting agencies/State Governments/UTs should issue directions to the Public Prosecutors so that neither in pleadings nor in arguments, is a stand taken contrary to the legal position enunciated by this Court. The circulation in this behalf should be made through the Director of Prosecution and training programmes be organized to keep on updating the Prosecutors in this behalf - para iv

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