SC directed to make judgments of elaborate guidelines regarding arrest and bail "part of curriculum of State Judicial Academies"

SC directed to make judgments of elaborate guidelines regarding arrest and bail "part of curriculum of State Judicial Academies"

On January 3, a division of the Supreme Court, presided over by Justices Snajay Kishan Kaul and AS Oka, ordered that the State Judicial Academies, which train judges, incorporate the court's judgements, which established detailed rules for arrest and bail, into their curricula. 

It is mandated that the rulings in the cases of Satender Kumar Antil v. Central Bureau of Investigation (2022) and Siddharth v. State of Uttar Pradesh be included in the curriculum. 

Section 170 of the Criminal Procedure Code does not require the Officer-in-Charge to arrest every accused person at the time of filing of the complaint, according to a bench made up of Justices Sanjay Kishan Kaul and Hrishikesh Roy in the case of Siddharth. The court noted that it is inappropriate and goes against the entire intent of Section 170 of the Criminal Procedure Code for some Trial Courts to insist on an accused person's detention as a necessary formality before taking the charge-sheet on record. 

Concerned about the enormous number of people awaiting trial who are incarcerated, a bench made up of Justices SK Kaul and MM Sundersh provided detailed recommendations to simplify the bail process in Satinder Kumar Antil. The judgement also made a point of saying that the defendant shouldn't be remanded in a robotic way. The judgement also recommended that, in order to speed up the bail-granting process, the Union Government introduce a "Bail Act."

A bench was looking at Satinder Kumar Antil today to determine whether the States were following the directives. The High Courts have also been ordered to find the prisoners who are awaiting trial but are unable to follow the terms of their bail. 

The amicus curiae in the case, senior attorney Siddharth Luthra, informed the bench that four High Courts—Tripura, Rajasthan, J&K, and AP—have not yet submitted their reports. Additionally, he mentioned how few states have submitted their compliance reports. The CBI has not yet submitted its report. 

The bench gave the States a further four weeks to file their compliance reports; otherwise, their Chief Secretaries would need to show up on the following date. The issue will be taken into account March 21.

The bench was also informed by the amicus that the rules are being broken. The bench took note of this and instructed the High Courts to indicate in their affidavits whether they have been keeping an eye on the judicial officers' adherence to the ruling.

 

Share this News

Website designed, developed and maintained by webexy