Are SC Judgments On Bail Included In Curriculum Of Judicial Academies ? Supreme Court Asks High Courts

The Division Bench of Justices MM Sundresh and SVN Bhatti was hearing an application, filed in the main matter of Satender Kumar Antil, for compliance with the directions issued. It may be recalled that in this landmark case, the Top Court had passed certain directions to prevent unnecessary arrest and remand.

One of the directions passed was strict compliance with the mandate in Siddharth v. State of UP. In this case, the Court held that the investigating officer need not arrest each and every accused at the time of filing the chargesheet. It was also observed that the practice of some trial courts insisting on the arrest of an accused as a prerequisite formality to take the charge sheet on record is misplaced.

In pursuant to this, the Top Court has time and again passed orders to comply with these directions. One such order was passed on 03.02.2023 wherein the Court directed the inclusion of these landmark decisions in the curriculum of judicial academies.

“The judgment in the present case i.e. “Satender Kumar Antil Vs. CBI” reported in (2022) 10 SCC 51 and the judgment in Siddharth's case (supra) should be incorporated as part of the curriculum of the State Judicial Academies and the National Judicial Academy.”

Accordingly, the Court, in the present order, has sought High Court compliance for this particular direction.

“In terms of direction contained in order dated 03.02.2023, the High Court should inform on compliance for inclusion of Siddharth (Supra) and Satender Kumar Antil (Supra) in the curriculum of judicial academy.”

The Court also directed the High Courts to inform whether the judgment in Satender Kumar Antil (Supra) is being applied to petitions under Section 438 of CrPC.

Further, the States have been directed to ensure that the prosecutors are stating the correct position of law as outlined in these judgments. Besides, the States have to circulate these judgments and train the prosecutors on a periodic basis.

"To circulate the judgment passed by this Court in the case of Siddharth (Supra) and Satender Kumar Antil (Supra).

To train and update the prosecutors on a periodical basis and provide details of the same.," the Court stated thus in its order. 

Other reports on this order can be read here.

Case Title: Satender Kumar Antil v. Central Bureau of Investigation

Citation: 2024 LiveLaw (SC) 151