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Supreme Court cites liberty, re-emphasises speedy disposal of bail matters
The SC said it has time and again emphasised the importance of the liberty of citizens
The Supreme Court has re-emphasised that bail matters should not be delayed even for a day, as they concern citizens’ liberty. “We have time and again emphasised the importance of the liberty of citizens. There should not be a single day’s delay in deciding liberty of citizens in bail matters,” said a bench of Chief Justice of India Bhushan R Gavai and Justice AG Masih on Thursday as it heard one Vedpal Singh Tanwar’s bail plea filed in a money laundering case.
Tanwar’s lawyer, senior advocate Vikas Pahwa, said the bail plea was pending in the Delhi high court for over a year. He added that no effective hearing has occurred as either the case gets adjourned, or the Enforcement Directorate (ED), probing the matter, seeks time, or the roster gets changed. “It is a vicious circle. After we argue, ED takes time to respond and the roster gets changed,” Pahwa said.
The Supreme Court said that Justice Girish Kathpalia, who is hearing the matter at the high court, will be holding a vacation bench and directed placing of the matter before him on June 9.
Additional solicitor general Aishwarya Bhati, appearing for the ED, told the Supreme Court that Tanwar presented an incorrect picture. She added he has been on interim bail for 212 days since his arrest.
Bhati said Tanwar was jailed for 115 days and hospitalised for 38 days after a gallbladder operation. She blamed Tanwar for the delay by taking adjournments. Bhati said the matter could not be heard on some occasions due to judges’ recusal.
The court noted the submissions in its order and asked the high court to decide the matter expeditiously after hearing both sides.
Tanwar was arrested for alleged illegal and unscientific mining in Haryana’s Dadam and causing losses to the exchequer. The ED said unaccounted ₹26.45 lakh cash, jewellery worth Rs. 3.7 crore, among other valuable possessions, were recovered from Tanwar. The ED has accused his firm of illegally acquiring over ₹37 crore from the illegal mining activities and investing the proceeds of crime in movable and immovable properties.
