In a significant development, Chief Justice Sunita Agarwal of the Gujarat High Court has taken steps to discontinue the common practice of judges issuing 'rule nisi' and then delaying the hearing of bail applications by two or more weeks.
This decision came to light after Senior Advocate Asim Pandya raised the issue and emphasized the need to reconsider this practice. Senior Advocate Yatin Oza also highlighted that, according to High Court rules, bail cases should be heard within 48 hours.
In response, Chief Justice Agarwal assured that she is already addressing this matter. She mentioned scheduling a meeting with the State's Advocate General Kamal Trivedi and Public Prosecutor Mitesh Amin on October 3 to discuss the issue. She expressed her strong commitment to eliminating this practice and stated that she takes the matter seriously.
The Chief Justice pointed out that the Gujarat High Court Rules require public prosecutors to argue bail cases within 24 hours if they originate from Ahmedabad city and within 48 hours for cases from other districts.
Furthermore, she highlighted that, in practice, bail matters are not always heard on the first day, sometimes they get adjourned to provide more time for prosecutors to prepare their arguments.
The Chief Justice mentioned her previous discussions with the Public Prosecutor's office, which did not yield positive results, and her intention to address the issue with the Advocate General.
This practice of the Gujarat High Court had previously faced criticism from the Supreme Court in September of the previous year when it adjourned a bail application for activist Teesta Setalvad for six weeks while issuing 'rule.' The then Chief Justice of India, UU Lalit, questioned this practice and its consistency.
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