In a significant observation, the Allahabad High Court today observed that the disregard shown by the senior-most officials to the orders passed by the Court has grave consequences on the rule of law in the country.
The Bench of Justice Ajay Bhanot further remarked that it has repeatedly noticed the failure of the police authorities to provide instructions to the learned Government Advocate of bail applications from time to time.
"Once the police authorities have been alerted to the fact that there failure to provide instructions in time strikes at the root of law. It often leads to unjustified incarceration of an accused in jail," the Court added.
"The disregard shown by the senior-most officials to the orders passed by the Court has grave consequences on the rule of law in the country." : #AllahabadHighCourt #RuleOfLaw pic.twitter.com/Mkr2GxDBwD— Live Law (@LiveLawIndia) June 10, 2021
The matter before the Court
A first information report was lodged against the applicant under Section 394 IPC and the bail application of the applicant was rejected by the Special Judge (Dacoity Affected Area)/Additional Sessions Judge, Auraiya, on March 2, 2021.
Approaching the High Court with his Bail Application, the Counsel for the applicant contended that the applicant had been falsely implicated in the instant case and that the F.I.R. was lodged seven days after the incident.
It was argued that the delay is fatal to the case of the prosecution and the applicant was not named in the F.I.R and there are no independent witnesses to the recovery and that False recovery of some articles has been shown from the applicant.
The A.G.A could not satisfactorily dispute the aforesaid submissions from the record and he stated that he does not have any instructions from the police authorities who failed to provide instructions to the learned A.G.A. despite ample time being given for the same.
Court's observations and order
To this, the Court said that it has repeatedly noticed the failure of the police authorities to provide instructions to the learned Government Advocate of bail applications from time to time.
The Court also noted that it was assured by the learned A.G.A. in Criminal Misc. Bail Application no. 19839 of 2021, that the State Government was committed to upholding the rule of law in the State even it is taken on its face value.
However, the Court added:
"This repeated deviation merely reflects aberrations in the system and faults on the part of individual officials who need to be appropriately counselled in this regard. It is hoped that expeditious steps are being taken by the police authorities for compliance of the directions given to the Director General of Police, U.P. Police in the above said case."
Further, the Court directed that a copy of the order be served upon the Director-General of Police, U.P. Police through a Government Advocate.
Importantly, the Court said:
"Courts have taken notice of the overcrowding of jails during the current pandemic situation. These circumstances shall also be factored in while considering bail applications on behalf of accused persons."
Further, looking at the merit in the submissions of the counsel for the applicant and accordingly holding that the applicant is entitled to be enlarged on bail, the Court allowed the bail application on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.
Case title - [email protected] Mausam v. State of U.P.