The right of an accused to have his bail application heard by the Court within a reasonable time has been entrenched as a constitutional liberty, A single bench of justice Ajay Bhanot ( Allahabad High Court )

The right of an accused to have his bail application heard by the Court within a reasonable time has been entrenched as a constitutional liberty.

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A single bench of justice Ajay Bhanot (

Allahabad High Court ) gave Instructions   from   the   police   authorities   were   not available with the Additional Government Advocate. Consequently the Additional Government Advocate was not in a position to present the full and true facts of the case and the bail application could not be heard. No explanation was given for failure on part of the police   authorities   to   furnish   the   appropriate instructions to the AGA, despite ample time being given   to   the   police   authorities.   The   Court   was constrained in the circumstances to direct the SSP/ DIG to be present before the Court through video conferencing.
In   compliance   of   the   order   of this   Court   dated 19.05.2021, Sri Amit Pathak SSP/ DIG, Ghaziabad is present through video conferencing.
The right of an accused to have his   bail   application   heard   by the Court within a reasonable   time   has   been   entrenched   as   a constitutional liberty. The right flows from Article 21 according   to   pronouncements   of   Constitutional Courts.    (See: Ajeet Chaudhary Vs. State of U.P. and another reported at 2021 (1) ADJ 559).
With   a   view   to streamlining   the   procedure   for providing timely instructions to the GA/AGA certain directions   were   issued   by   this   Court   in   Ajeet Chaudhary (supra). The aforesaid case was related to offences under the SC/ST Act. However, an analogous procedure can also be created for other criminal cases as well.

Failure of the police authorities to provide timely instructions to the GA/ AGA in bail applications causes delay in the hearing of the bail applications, and often leads to unjustified incarceration of an accused in jail.   The   concerns   expressed   in   Ajeet   Choudary (supra) are applicable to all bail applications. The timelines in the procedure to provide instructions    may vary as per the provisions of law. But the timeline has to   be defined to ensure that hearing of the bail applications is not delayed indefinitely to the detriment of the accused/ bail applicant.
Sri Vinod Kant, learned Additional Advocate General however categorically assured the Court that the State Government has an unconditional commitment to uphold the rule of law and to comply with the orders passed by this Court in letter and spirit.
The Court has good reason to trust the statement of the learned Additional Advocate General made at the bar regarding implementation of Court orders; but equally the Court has strong cause to verify the actions of the state officials to comply with the Court orders.
learned Additional Government Advocate also states that the police authorities will streamline the process of imparting instructions to the GA/AGAs in bail applications and have no objection to create a procedure for the same.
The statement of Sri Vinod Kant, learned Additional Advocate General regarding expeditious compliance of directions issued in   Ajeet Chaudhary (supra) is reassuring.

Important Facts of Rule of Law

The surest foundation of the rule of law and stability of constitutional order lies not only in the existence of an independent judiciary; but equally in the regard shown by every constitutional organ of governance to the fundamental rights of all citizens, and actions of state officials to diligently comply with the orders passed by the Court.
The process of furnishing instructions to the GA/ AGA before   hearing of bail applications has to contain safeguards which protect the constitutional liberties of the bail applicants/ accused persons. To achieve the aforesaid, the    procedure has to be transparent, with well defined responsibilities, and definite timelines. The responsible officials should be accountable for failures to adhere to the said procedure and timelines stated therein.
The Director General of Police, U.P. Police is directed to ensure that a fair, transparent and clear procedure for   supplying instructions to the GA/AGA in bail applications   before   the High Court is created and implemented across the State of U.P. The procedure shall include the designation of the officials, the tasks or duties which they have to discharge, and a definite time frame for such purpose. It shall be ensured that there is constant oversight of the implementation of such procedure and    appropriate departmental action as per law is taken against    officials who without good cause fail to discharge their assigned duties therein.
The   Director   General   of   Police,   U.P.   Police,   is commanded to comply with the directions within a period of eight weeks as suggested by Sri Vinod Kant, learned Additional Advocate General. The affidavit regarding compliance of the directions passed in this order, as well in Ajeet Chaudhary (supra) shall be filed on behalf of DG, U.P. Police before the Registrar General    on or before 06.08.2021.
Put up this matter on 26.05.2021 in the list of fresh cases before appropriate Bench to enable the learned counsel   for   the   applicant   to   explain   the   criminal history of the applicant, as disclosed by the learned Additional Advocate General on basis of instructions.
Creation of a similar procedure for all District Courts may also be considered if deemed appropriate.   Presence of D.I.G/ S.S.P, Ghaziabad is exempted on future dates.

Order Date :- 20.5.2021