'We Don't Believe In Unnecessarily Putting People Behind Bars': Supreme Court Expresses Surprise At Lengthy Bail Hearings In Delhi Riots Case

“We don’t believe in unnecessarily putting people behind bars. Bail matters should not go on and on and should not be dealt with in this manner", the Supreme Court on Tuesday orally remarked while hearing applications filed in relation to bail granted in Delhi riots larger conspiracy case.

The appeals filed by the Delhi Police against the Delhi High Court order granting bail to student activists Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha were listed before a bench comprising Justices Sanjay Kishan Kaul, Abhay S Oka and JB Pardiwala.  Some co-accused persons filed impleadment applications in the case in view of the earlier Supreme Court direction that the Delhi High Court's judgment should not be used as a precedent in other cases.

Justice Kaul, who was leading the bench, expressed surprise at the lengthy bail hearings. 

“Should High Courts even be spending so many hours on bail matters? I don’t understand this. It's a complete wastage of judicial time of the HC. Both sides want full trial to go on in a bail matter. I don’t understand…” 

Justice Kaul, pointing towards the State, added, “Normally your side has been before us in multiple bail applications the moment I pose this question. It’s a three judges bench remember". It may be noted that Justice Kaul has expressed similar views earlier also regarding length bail hearings.

The Counsel for the Applicants brought to the court’s notice that the co-accused persons were still behind bars because of an earlier observation made by the Top Court that the bail order in Devangana Kalita case should not used as a precedent. He submitted, “The co-accused persons, their bail application had travelled to this court. The allegation is that I purchased a SIM card from him in order to hand it over to some other co-accused. That co-accused is out on bail. This gentleman was also granted bail. The only observation made by this court was that any observation made will not be a reflection on trial. Now, we are hanging fire...Trial Court has observed that it cannot give bail.”

The Counsel appearing for the State, who was appearing in the absence of Solicitor General Tushar Mehta as he was engaged before the Constitution Bench, submitted, “We have certain objection on the interpretation given by the High Court…our case is that bail granted by the HC should be cancelled.”

Justice Kaul remarked, “You are entitled to pray for the sky. I am not stopping you.”

Senior Advocate Kapil Sibal who was appearing for the respondent in the captioned SLP said, “Question of law has been kept open, my lords. I don’t understand".

The counsel for the accused pointed out that the trial court and the High Court were constrained to go into larger questions as the State had raised these issues in the bail hearing. “All this interpretation of UAPA, Section 15, what is terror, everything came in the response by the State…The question was put to us and so we had to satisfy the court on everything.”

At this point, Justice Oka remarked, “They invited all this.”

Justice Kaul said, “...that is the problem”

Court allowed the deferment and adjourned the matter for the next hearing as prayed by the Counsel appearing for the State.  

Case Title:  State of NCT of Delhi & Ors vs Asif Iqbal Tanha & Ors. vs.. SLP (Crl.) No. 4287-4289 of 2021