People can’t be in prison needlessly, says Supreme Court

The remarks of the Supreme Court came while hearing an appeal filed by Delhi Police, challenging the bail granted to three student activists in 2021 by the Delhi high court in connection with the February 2020 riots in northeast Delhi.

The Supreme Court on Tuesday expressed its anguish over prolonged bail hearings in high courts, saying that people should not be unnecessarily put behind bars.

New Delhi, Jan 10 (ANI): A view of the Supreme Court building, the apex judicial body of India, in New Delhi on Tuesday. (ANI Photo) (Sanjay Sharma)

The remarks of the apex court came while hearing an appeal filed by Delhi Police, challenging the bail granted to three student activists in 2021 by the Delhi high court in connection with the February 2020 riots in northeast Delhi. Pinjra Tod members Devangana Kalita and Natasha Narwal, and former Jamia student Asif Iqbal Tanha were arrested for making alleged provocative speeches during the riots and were charged under the draconian Unlawful Activities (Prevention) Act or UAPA.

On Tuesday, a bench headed by justice Sanjay Kishan Kaul remarked, “We do not believe in unnecessarily putting people behind bars. This is not the manner in which bail matters should be allowed to go on and on.”

The bench, also comprising justices AS Oka and JB Pardiwala, said, “This is a complete wastage of judicial time. Should the high courts even be spending so many hours on bail matters? They are being asked to devote so many hours in a bail matter as if it is a trial.”

Advocate Rajat Nair, appearing for the State, sought an adjournment as solicitor general Tushar Mehta was unable to appear. The bench posted the matter for hearing on January 31 and said, “Normally it is the state which is before us in bail applications when we pose this question.”