SC to hear matter concerning filing of anticipatory bail plea on Nov 12

New Delhi, Oct 14 (PTI) The Supreme Court on Tuesday said it would hear on November 12 a matter in which it had flagged the issue of litigants approaching high courts directly for anticipatory bail without first moving the sessions court for it.

A bench of Justices Vikram Nath and Sandeep Mehta was told that around 80 per cent cases of anticipatory bail in Kerala first come to the high court there.

On September 8, the top court had said though concurrent jurisdiction was conferred upon the high court and the sessions court to entertain plea for pre-arrest bail, the hierarchy of courts demanded that no person seeking such remedy should be encouraged to directly approach the high court.

It had taken note of the Kerala High Court's practice of entertaining anticipatory bail applications directly without the litigant moving the sessions court.

On Tuesday, the bench heard the submissions advanced by senior advocate Sidharth Luthra who is assisting it as an amicus curiae in the matter.

One of the advocates appearing in the matter said around 80 per cent of anticipatory bail pleas in Kerala come to the high court first.

During the hearing, Luthra referred to the aspect of access to justice.

"Now we are moving towards e-filing everywhere. Why does an accused (or litigant) need to go to the concerned court for filing an application (for pre-arrest bail)... It is not required," the bench observed.

The amicus said approaching the sessions court first for anticipatory bail would reduce the clogging of high courts.

The bench posted the matter for further hearing on November 12.

The top court had passed the order on September 8 while hearing a plea by two men challenging a Kerala High Court order rejecting their plea for anticipatory bail.

It had noted the petitioners had approached the high court directly for pre-arrest bail without first approaching the sessions court.

"We further feel that if the practice of entertaining the applications for pre-arrest bail directly in the high court is encouraged, and the parties concerned are not relegated to first approach the sessions court concerned, the high court would be flooded with a spate of pre-arrest bail applications thereby creating a chaotic situation," the bench had said.

It had said in most of the states, there was a consistent practice requiring the litigant concerned to first approach the sessions court for seeking relief of pre-arrest bail and only in the event of denial of such relief, the litigant would be granted access to approach the high court.

"This is, of course, subject to just exceptions and the high court, for reasons to be recorded, may entertain an application for pre-arrest bail directly in special/extra-ordinary circumstances," the top court had said. PTI ABA ZMN