Liberty of citizens of utmost importance, says Supreme Court

The Supreme Court while hearing a plea said that the liberty of citizens is of paramount and utmost importance and not hearing and deciding a matter pertaining to it expeditiously will deprive a person of their right guaranteed under article 21.

Observing that article 21 deals with protection of life and personal liberty which is the soul of the constitution, the Supreme Court said that it has come across various matters from the Bombay High Court where bail or anticipatory bail applications were not being decided expeditiously.

“We, therefore, request the chief justice of the High Court of Bombay to convey our request to all the judges exercising the criminal jurisdiction to decide the matter pertaining to bail/anticipatory bail as expeditiously as possible,” the bench said.

“Needless to state that Article 21 of the Constitution of India is the soul of the Constitution as the liberty of a citizen is of paramount importance,” the bench said. “Not deciding the matter pertaining to liberty of a citizen expeditiously and shunting away the matter on one or the other ground would deprive the party of their precious right guaranteed under Article 21 of the Constitution of India,” it said.

The apex court was hearing a plea filed by an accused who had challenged a March 30, 2023 Bombay High Court order disposing of his bail application while permitting him to file such a plea before the trial court. While observing that the accused was in the jail for 7 and half years, the High Court said it appeared that the accused had brought up a similar plea in April 2022 which he had withdrawn.

On January 29 2024, the Supreme Court quashed the High Court order of March last year and asked it to decide the matter on merits within two week after which, the High Court on February 12 gave bail to the accused.

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