On Tuesday, the Bombay High Court emphasized that when a citizen's liberty is at stake, lower courts must address and resolve applications for anticipatory bail promptly, either by making a final decision or by granting interim protection without delay.

The High Court noted that if lower courts fail to resolve such matters promptly, it increases the burden on the High Court.

Justice Sandeep Marne, sitting alone, made these remarks while expressing dissatisfaction with a lower court in Kalyan, Thane district, for its delay in deciding the pre-arrest bail application of Waman Mhatre, a local leader of the Eknath Shinde-led Shiv Sena.

Mhatre is accused of making derogatory remarks against a woman journalist during protests in Badlapur related to the sexual abuse of two kindergarten girls. He appealed to the High Court, arguing that his pre-arrest bail plea, filed on August 22 in the Kalyan sessions court, had not yet been heard, and his request for interim protection had also been ignored. Mhatre contended that the sessions court had been repeatedly adjourning his plea, with the next hearing set for August 29. Justice Marne instructed the sessions judge to resolve Mhatre's application on August 29 itself.

"A report about the status of the anticipatory bail application shall be placed by the sessions judge before the registry department of high court in the evening of August 29 itself," Justice Marne said.

Mhatre is accused of making derogatory remarks against a woman journalist during protests in Badlapur related to the sexual abuse of two kindergarten girls. He appealed to the High Court, arguing that his pre-arrest bail plea, filed on August 22 in the Kalyan sessions court, had not yet been heard, and his request for interim protection had also been ignored. Mhatre contended that the sessions court had been repeatedly adjourning his plea, with the next hearing set for August 29. Justice Marne instructed the sessions judge to resolve Mhatre's application on August 29 itself.

"When the question of liberty of a citizen is involved, it is necessary that application for pre-arrest bail is taken up and decided either finally or at least for grant of interim protection in an expeditious manner," the HC said.

"If lower courts do not decide such matters, then the high court is burdened with such matters. They should decide. The problem is that a decision is not taken," it added.

While disposing of Mhatre's appeal, the High Court directed the sessions court to take up and decide his pre-arrest bail plea on August 29. Mhatre's advocate requested the court to obtain an oral assurance from the police that no coercive action would be taken until the sessions court made its decision. In response, the additional public prosecutor assured the court by stating, "nothing will happen."

On August 21, a woman journalist filed a complaint against Mhatre, accusing him of making derogatory and offensive remarks while she was covering protests in Badlapur regarding the sexual assault of two minor girls by a male attendant at their school. According to the complaint, Mhatre allegedly remarked that the reporter was acting "as if she herself had been raped." Mhatre, however, claimed that his comments were being misconstrued.