Former Rajasthan High Court Chief Justice Akil Kureshi remarked Supreme Court's bail jurisprudence frequently displays inconsistency, as it alternates between issuing pro-bail and pro-liberty orders on one hand and suspending individual liberties on the other
Justice Kureshi highlighted the judgment in NIA v. Zahoor Ahmad Shah Watali, which he termed most 'unfortunate'.
In that ruling, the Supreme Court held that courts should refrain from conducting an extensive examination of the prosecution's case when deliberating on bail applications under the Unlawful Activities (Prevention) Act (UAPA). This included refraining from assessing the adequacy of the evidence presented by the prosecution.
"Bails are going to the Supreme Court, the highest constitutional court hearing bails. Plus they give conflicting judgments. [It passes] pro-bail judgments, but other times ,it is stayed and said to not be used as precedent. Watali judgment was most unfortunate," Justice Kureshi said.
The former judge also expressed astonishment at the Supreme Court's decision to convene on a Saturday in October 2022 to halt the acquittal of GN Saibaba.
"In complex issues, personal beliefs would play their part. But staying an acquittal on a Saturday. I do not understand. He could have always been re-arrested even. But meeting on a holiday to curb liberty?"
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