SC to allow single judge to hear bail matters

The Supreme Court has amended its rules to allow a single judge bench to adjudicate upon bail petitions filed in cases punishable with maximum seven years imprisonment, in the first ever such move in its history to expedite disposal of matters.

A Supreme Court bench, till now, comprised of minimum of two judges.

The Supreme Court (Amendment) Rules, 2019, were passed and notified on September 17.

The Supreme Court Bar Association (SCBA), however, expressed its "utmost shock and surprise" and "strong dissent and opposition" on the development.

"It is surprising that amendment to the rules has been brought without involving or consulting the SCBA, which is a major stake-holder in the process of dispensation of justice in the Supreme Court," it said in a letter to Chief Justice of India Ranjan Gogoi.

The amendment to the SC rules, among others, stated the special leave petitions arising out of grant, dismissal or rejection of bail applications or anticipatory bail involving the offences punishable with sentences upto seven years imprisonment may be heard and disposed of finally by a judge singly nominated by the chief justice.

Similarly, the applications for transfer of cases may be heard and decided by a single judge bench, the amended rules said.

Earlier, as per Supreme Court Rules, 2013 and older rules, the CJI had the power to appoint one or more judges to hear all matters of an urgent nature during summer vacation or winter holidays.

The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges, leaving it to Parliament to increase this number.

In the early years, all the judges of the Supreme Court sat together to hear the cases presented before them. As the work of the court increased and arrears of cases began to accumulate, the Parliament increased the number of judges from time to time.

At present, the Supreme Court had sanctioned strength of 34 judges. With the swearing in of four more judges scheduled on Monday, the top court would work with its full strength.

As on September 2, 2019, the apex court recorded a pendency of 59,616 cases.