'What Signals Are We Sending?' : Supreme Court Expresses Shock At HC 'Casually' Staying Reasoned Bail Order For One Year

The Supreme Court of India on Thursday(July 11) expressed shock at the Delhi High Court staying a regular bail order without specifying any reasons.

The Court questioned the Directorate of Enforcement (ED) for defending the High Court's orders prolonging interim stay on a bail order by the trial court.

During the hearing, Justice Abhay S Oka remarked, "When there is a reasoned order granting bail, can that order be casually stayed? Can it be merrily stayed for one year? What signals are we sending?"

A bench of Justice Abhay S Oka and Justice Augustine George Masih was hearing a plea by one Parvinder Singh Khurana, an accused in a money laundering case, challenging Delhi High Court's order temporarily staying a bail order passed by the trial court.

The trial court had granted bail to the Khurana in June last year. ED sought cancellation of bail which is pending before the Delhi HC. The HC temporarily stayed the bail and continued the interim order from time to time.

Justice Oka said, “This is shocking…Unless he is a terrorist, where is the reason to stay?”

Advocate Zoheb Hossain for the ED submitted that the bail order was passed by the trial court without taking all factors into account. He said that the accused is not above board, as judge have been made to recuse, even after the completion of arguments.

Hossain told the Court that three judges of the Delhi High Court have recused themselves from ED's application seeking bail cancellation, including one judge after reserving the order.

The court questioned how the ED could defend a single-line order of the Delhi High Court staying a reasoned bail order by the trial court.

Hossain said that the parties do not control whether the court gives reasons or not in its order and expressed the prosecution's helplessness in the situation. He further submitted that the accused is involved in laundering large amount of proceeds of crime.

Justice Oka remarked that the Court was not solely blaming the ED but was also questioning itself. “No we are not blaming just you. We are blaming us also”, Justice Oka said.

The court reserved judgment in the matter while allowing Hossain to submit a short note within two days.

Update:

The matter was mentioned by ED's counsel afternoon seeking permission to make additional submissions.

The court has granted Hossain ten minutes on Friday (tomorrow) to make additional submissions. Hossain sought the additional time stating that some facts had not been placed before the court. He said he wants to submit a few judgments to support ED's case.

"It (stay on bail) has been granted in casual manner and High Court takes complete one year to hear the matter and goes to the extent of saying 'alright we are granting stay, we will not hear the matter you apply for interim bail'", Justice Oka reiterated.

While initially reluctant as the judgment has been reserved in the case, the court ultimately decided to grant Hossain's request. "By way of indulgence we grant 10 minutes tomorrow. List at end of the board", the court said.

Justice Oka emphasized concerns about violation of liberty in this case. "Please consider the repercussions. There is a bail granted, without bothering to look into the matter court stays it, and after one year you face a scenario that writ petition is dismissed. For one year, for nothing the person continues to languish in jail. We are worried about the liberty aspect of it."

Case no. – SLP(Crl) No. 8007-8010/2024

Case Title – Parvinder Singh Khurana v. Directorate of Enforcement

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