“Nobody Can Have Luxury In Jails”: Supreme Court

The Supreme Court on Tuesday remarked that it’s impossible for anyone to expect luxury in jails.

“Nobody can have luxury in jails”, a Bench headed by Justice Bela Trivedi orally observed while hearing a plea filed by Harsh Dev Thakur seeking temporary bail in a case of financial fraud. The Court was prompted to pass this comment after the counsel appearing for petitioner pressed for relief.

The counsel argued that the petitioner was not in “luxury” while being jail. The counsel for the Respondents argued that the petitioner had diverted over Rs 2.5 crores.

The petitioner’s counsel further said that it was impossible to arrange funds while he’s incarcerated.

“From inside, I can't arrange such funds. All my assets including access to my shares, mutual funds have been taken…”

He further pointed out pointed that the High Court was refusing him bail saying that he was earlier granted bail by the Supreme Court. His other submission was that the trial was not progressing in the matter.

“The Prosecution witnesses not coming now, milords”.

“Are they scared of you?”, the Bench which also consisted of Justice Prashant Kumar asked.

The Court then proceeded to dismiss the petition and ordered for the trial to be expedited. The Court also junked the petitioner’s request seeking a direction to specify the time frame within which the trial should be completed.

“We can't give a time frame”, the Bench observed.

After repeated asks, the Court allowed the petitioner to move the court if the trial is not completed with a ‘reasonable time period’.

“We grant him permission to file for temporary bail if trial not completed within reasonable time”.

Advocate on Record Namit Saxena represented the petitioner.

Case Title: Harsh Dev Thakur vs State of UP