SC deprecates 'new trend' of HCs making 'irrelevant' remarks in bail matters

SC had on July 18 stayed adverse remarks initiated by a Karnataka HC judge against the state's ACB

The Supreme Court Friday deprecated the "new trend" in which the High Courts passed "irrelevant" observations not related to a case and impose unnecessary conditions while dealing with bail matters.

A bench of Justices A M Khanwilkar and J B Pardiwala set aside a bail condition imposed by the Allahabad High Court to seal the premises of Mohammad Ali Jauhar University at Rampur while granting bail to senior Samajwadi Party leader and former Uttar Pradesh minister Azam Khan.

The court said it was disturbed by such orders. It also pointed out a separate bench last week passed directions, setting aside a similar order. The top court had on July 18 stayed the adverse remarks and proceedings initiated by a Karnataka High Court judge against the state's Anti Corruption Bureau and its head in a bail matter, saying those observations were "irrelevant and detrimental" to the fair trial for the accused in a bail matter.

The top court had then asked the High Court to decide the bail application, without going into other issues.

On July 14, the court had similarly set aside a Patna High Court's order that summoned Sahara group chief Subrata Roy in an anticipatory bail case completely unrelated to him.

On Friday, after hearing senior advocate Kapil Sibal for Khan, the bench said, "This is yet another matter where we find the HC has referred to matters which are unrelated to prayer for bail in respect of concerning crime. The High Court ought to have dealt with only those aspects which were related to bail and not venture into unrelated issues, much less to impose conditions much beyond what is required to ensure presence of accused during investigation and trial."

The High Court by its interim order on May 10, 2022, the High Court granted bail to Khan in an alleged case of grabbing of enemy property for the construction of the University. It had directed the Rampur District Magistrate to take possession of the property attached to the campus of Jauhar University by June 30, 2022, and raise a boundary wall with barbed wire around it.

The court directed Additional Solicitor General S V Raju, appearing for the Uttar Pradesh government to restore the status quo ante. It also rejected a plea by the state government to restrain Khan from visiting Rampur as most witnesses hailed from the place.

Referring to the "trend" of High Courts exceeding jurisdiction in bail applications, the bench said if sealing proceedings have to be taken, then it ought to be independent of the observations made by the High Court.

"Let me tell you we are disturbed by this trend. You cannot exercise the power on the basis of this bail order. You take action under other law, not under the HC order," the bench told the law officer.