THE PROVISION of anticipatory bail is going to be restored in UP after 30 years. In this regard marathon meetings by top officers of the state are being held as the State Government is determined to file a satisfactory reply before the Allahabad Bench of the High Court on August 2.
Political pundits are confident that Chief Minister Mulayam Singh Yadav will definitely get a mileage over his rivals by restoring the provision of anticipatory bail in the state. This provision was available in the state till November 28, 1975 when it was omitted from Section 438 of Cr.PC. It may also be recalled that it was the period when Emergency was proclaimed in the country by the Indira Gandhi government. Mulayam Singh Yadav had termed it as the “beginning of the police state in U.P.”
In a recent judgement a full Bench of the Allahabad High Court, comprising Justice Dr. BS Chauhan, Justice Sushil Harkauli and Justice Amar Saran had also made forceful observations with regard to the feasibility of restoration of provision of anticipatory bail.
It may also be noted here that the distinction between an ordinary bail and an order of anticipatory bail is that — the former is granted after arrest and therefore, means release from the custody of police, the latter is granted in anticipation of arrest and is, therefore, effective at the moment of arrest. Such an order is, therefore, an insurance against police custody following upon arrest for offence in respect of which the order is issued.
The division Bench of the court, comprising Justice Imtiaz Murtaza and Justice Amar Saran had on May 9 last in the case of Smt. Sudama Versus State of U.P, ‘desired the presence of the Advocate General (AG) on the question of appropriateness of an Ordinance being issued in the state of U.P restoring Section 438 in CrPC.’
Advocate General SMA Kazmi discussed the matter with the chief minister who directed that deliberations and modalities for issue of an Ordinance be prepared within two weeks. This meant that the state government made it sure to bring the Ordinance by July 29 at any cost.
A meeting of top officers including DGP Bua Singh, principal secretary (home) Satish Agrawal, additional principal secretary (law), government advocate from Allahabad Vijay Mishra and from Lucknow Ashwani Kumar Singh, additional government advocate Janardan Singh, chief standing counsel Rizwi and IP Singh was held at the residence of Kazmi at 1, Kalidas marg late on Saturday to give final shape to the Ordinance.
Kazmi, while talking to this scribe said, “The process is on. It may take some time but one thing is sure that the chief minister is honest to make it beneficial for the common and innocent and not for the mafia and criminals. Therefore, it will also have riders against terrorist and anti-social elements. After all it was the chief minister who had requested the judiciary at judges conference to pass orders for enabling the state to eliminate the Mafia Raj.”