Supreme Court Asks HCs, Centre and States To Comply with Directions To Prevent Unnecessary Arrests and Remand: Report

Moneylife Digital Team 13 May 2024

Economy & Nation

The Supreme Court, while hearing an application last week, has given one last opportunity to the high courts (HCs), states and Union Territories (UTs) to report compliance with the directions issued for including decisions taken in Siddharth vs State of UP (2022) and Satender Kumar Antil vs central bureau of investigation (CBI) in the curriculum of the judicial academy, says a report.

According to the report from LiveLaw, the division bench of justice MM Sundresh and justice SVN Bhatti was hearing an application, filed in the main matter of Satender Kumar Antil, for compliance with the directions issued.

In the Siddharth vs State of UP case, the apex court held that the investigating officer need not arrest every accused when filing the charge-sheet. It was also observed that the practice of some trial courts insisting on the arrest of an accused as a prerequisite formality to take the charge-sheet on record is misplaced, the report says.

The HCs were directed to undertake the exercise of finding out the undertrial prisoners who were not able to comply with the bail conditions. After doing so, appropriate action was directed to be taken in light of Section 440 of the Indian Penal Code (IPC), facilitating the release.

Earlier, the Supreme Court had directed HCs to inform whether the decisions taken in Siddharth vs state of UP and Satender Kumar cases have been included in the curriculum of the judicial academy.

"It is very unfortunate that despite sufficient time being given, many of the parties have not complied with the directions issued on the last occasion by duly filing their respective compliance affidavits," the bench says.

The division bench also made it clear that while it is deferring from passing any adverse orders, consequences will follow if the due compliance is not reported by 30 June 2024, the next date of hearing.

"Counsel appearing for the non-complying parties made a fervent plea that due compliance will be made by the next date of hearing. Considering the said submissions, we are deferring from passing any adverse orders. We make it clear that if the due compliance is not reported by the next date of hearing, the consequence will follow," the SC says.

The bench also facilitated high courts, the Union government, states and UTs to discuss the issue with the amicus through video conferencing. "A link will be sent to them to facilitate a discussion between 5.30pm to 6.30pm on 15th, 18th, and the 19 July 2024 for due compliance, if not already made, as submitted by the amicus."

Comments