The Supreme Court has strongly objected to the issue of 30-40 pages order by the Delhi High Court on anticipatory bail plea.
Justice Suryakant and Justice N. The bench of Kotishwar Singh said that such a long order of the High Court is like indicating to the lower court that there is sufficient basis to convict the accused.
The bench expressed displeasure over the process of Delhi High Court, calling it a “conviction order”.
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What is the case?
The Supreme Court was hearing the anticipatory bail plea of Dr. Aadhar Kheda in a case of fraud.
- Aadhaar Kheda had moved the Supreme Court against the Delhi High Court’s 6 February decision.
- The Delhi High Court, in its 34 -page order, refused to grant Kheda anticipatory bail.
What did the Supreme Court say?
The bench commented:
“What is happening in the Delhi High Court is disgusting. Writing an order of 30-40 pages in settlement of anticipatory bail plea is like indicating to the lower court that the accused should be held guilty. ”
This comment is important because anticipatory bail should be decided soon and briefly, not a detailed trial -like order passed.
Petitioner’s arguments
Senior advocate Siddharth Luthra on behalf of Aadhar Kheda argued in the Supreme Court that:
- Kheda’s father was actually operating the firm.
- The Delhi High Court accepted the role of Kheda as his father, which is wrong.
- The charge sheet has been filed, yet anticipatory bail was refused.
Supreme Court order and Delhi Police’s reply
The Supreme Court sought a response from the Delhi Police in the case and gave relief to Aadhaar Kheda from the arrest.
This means that Aadhaar Kheda will not be arrested until this case is fully heard.
Lawyers also strike in Allahabad High Court
Meanwhile, lawyers went on strike against the declining number of judges in the Allahabad High Court and the proposed amendment to the Advocates Act.
The Allahabad High Court Bar Association held a meeting on Thursday and decided to go on strike on Friday. The lawyers gathered at the main gate and did not enter the court room.
Bar Association President Anil Tiwari said:
“Allahabad High Court has a sanctioned number of judges 160, but currently less than half of judges are working, which is affecting the justice process.”
