Non-availability of judge to hear bail plea is invasion of citizens’ liberty: Allahabad HC

Read Order: Faizan Allahbadi v. State of U.P 

Pankaj Bajpai

Allahabad, July 8, 2021: The Allahabad High Court has remarked that once police have arrested an accused then judges have to be available to hear their bail pleas. 

Stating that non-availability of a judge at the District court invades citizens’ liberty, Justice JJ Munir refused to appreciate the Judgeship of Aligarh for shutting its doors to all kinds of applications that may genuinely require attention during the Covid-19 pandemic. 

The bail application in the instant case was presented on May 19, 2021 and it was urged that on the said date, all the District Courts were either locked down or virtually inaccessible because of the widespread restrictions on movement of persons. 

The plea also said that the office of the District Court at Aligarh was not accepting any applications, compelling the applicant to file this bail application directly before the High Court online.

The High Court, therefore, remarked that however adverse the circumstances, the doors of justice ought not to become totally inaccessible. It not only burdens the high court with avoidable work but also a citizen already suffering hardships to the rigour and expense of approaching the High Court in the first instance to secure his liberty. 

“Once the police are about their job of arresting those whom they say have committed crime, there has to be a Judge available to hear bail pleas at the headquarters, where the arrest is made”, said the Bench. 

The Bench thus reiterated that non-availability of a Judge at the headquarters seriously invades a citizen’s liberty, where virtually there is a remand Magistrate to send a person arrested to jail but no Judge, at least in the Sessions, to consider his bail plea.

Hence, the bail application filed on May 19, 2021 was entertained.

The High Court gave a week’s time to the Counsel for the applicant to file a supplementary affidavit, disclosing and explaining his criminal history. The matter will be heard again on July 9, 2021.