Allahabad HC amends three decade old rule, reduces 10 day wait period for bail to 2 days

After the notification by the Allahabad HC, no arrested person applying for bail in UP will have to compulsorily suffer 10 days of imprisonment.

The Allahabad high court has amended a three decade old rule which provided that bail could not be granted on an application unless 10 days had expired as prior notice of application is given to government advocate.

The amended rule by the Allahabad high court (in photo) will allow the grant of bail in two days as against 10 days after notice of bail application is given to the government advocate.(PTI File Photo)

The high court issued a notification on September 19 amending the rule, thereby allowing the grant of bail in two days after notice of bail application is given to the government advocate.

After the notification, no arrested person applying for bail in UP will have to compulsorily suffer 10 days of imprisonment.

According to Rule 18(3)(a) of the Allahabad High Court Rules, save in exceptional circumstances, no order granting bail could be made on an application unless a notice was given to the government advocate and not less than 10 days had elapsed between the giving of such notice and the hearing of such application.

Advocate Syed Mohammad Haider Rizvi had drawn the attention of the high court through a representation made in 2016.

Rizvi appealed to the chief justice of the Allahabad high court to amend Rule 18(3)(a) as it was unconstitutional and illegal and interfered with the fundamental rights of innocent people.

On December 4, 2017, the joint registrar (judicial) of the Allahabad high court informed Rizvi that the issue was being considered by the court. However, no action was taken for 18 months since Rizvi made his first representation.

Rizvi approached the Supreme Court in July this year which disposed of the petition directing the high court to consider the representation and take a decision within six weeks.

Moving final representation before the high court, Rizvi said the provision was inserted in the Allahabad High Court Rules in 1980 when undivided Uttar Pradesh had a huge geographical area with no modern means of communication.

He said the peculiarity of things did not exist any longer and with technological advancements, instructions from even remote police stations could reach the government advocates instantly.

Rizvi also referred to the rules of different high courts across the country and said none of these required a 10-day wait period for grant of bail.

The high court finally passed a notification amending the provision, which now says that barring exceptional circumstances, no order granting bail would be made on an application unless notice has been given to the government advocate and not less than two days have elapsed between the notice and the hearing of such application.

According to lawyers, this will come as a respite to thousands of innocent detenues who have had to remain in jail for at least 10 days without their case being placed before the court for hearing.