In a move towards enhancing objectivity and accountability in the Indian criminal justice system, the Supreme Court has directed the Union government to provide information on the development of a new law aimed at streamlining the process of granting bail. 

The directive, issued by a bench of justices MM Sundresh and SVN Bhatti, builds upon the court's July 2022 judgment, where it called upon the government to consider framing a new law to prevent unnecessary arrests, especially in cases where the maximum punishment does not exceed seven years in jail.

The court emphasized its commitment to preventing the country from becoming a "police state" reminiscent of the colonial era, urging uniformity and certainty in court decisions. The apex court urged the government to consider introducing a separate enactment, a Bail Act, to ensure a more organized and transparent process for granting bail.

The recent order, released on Thursday, further directed the Union government to clarify whether an assessment has been conducted to determine the necessity of establishing more special courts for the Central Bureau of Investigation (CBI) cases in districts with a high number of pending cases. 

The court has given the government eight weeks to respond, with senior advocate Sidharth Luthra assisting the court as amicus curiae.

This intervention by the Supreme Court is pivotal in light of the growing concerns over needless arrests and delays in bail applications, raising questions about the effectiveness and objectivity of the judicial approach in such matters. The court has been actively stepping in to grant bail in cases where individuals have been detained for extended periods, even when the maximum punishment is less than seven years in jail.

Notable instances include the grant of bail to journalist and fact-checker Mohammed Zubair, arrested for his old tweets, and to elderly and infirm individuals like Varavara Rao and Sudha Bharadwaj in the Bhima-Koregaon case. 

The Supreme Court's emphasis on compliance with its guidelines against routine arrests by state police and central agencies is evident in its recent judgment dated February 13. In this judgment, the court directed the Central Bureau of Investigation (CBI) to submit details of officials against whom the agency has taken action for unnecessary arrests.

The court specifically requested information on cases where the mandate of Sections 41 and 41-A of the Criminal Procedure Code (CrPC) and the Arnesh Kumar judgment has not been followed. These sections and the 2014 Arnesh Kumar judgment emphasize the need for investigating agencies to issue a notice of appearance before arresting individuals for offenses punishable with up to seven years in jail.

The court's order on February 13 also instructed all states and Union Territories to adhere to a standard operating procedure (SOP) framed by the Centre. The SOP aims to address the situation of undertrial prisoners by establishing a dedicated empowered committee and funds. The court highlighted the importance of creating a Central Nodal Agency (CNA) to provide financial support to states and UTs for cases where undertrials or convicts face incarceration due to an inability to pay bail bonds or fines.