SC Emphasizes Article 21, Citizen’s Liberty Paramount

SC Emphasizes Article 21, Citizen's Liberty Paramount

Asif Iqbal | March 2, 2024 | 04:55 PM IST | Courts & Law, India | Follow on Google News

SC Emphasizes Article 21, Citizen’s Liberty Paramount…..image/agencies

SC Emphasizes Article 21, Citizen’s Liberty Paramount

The Supreme Court, in a recent observation, emphasized the significance of Article 21, considering it the soul of the Constitution. Justices B R Gavai and Sandeep Mehta highlighted the paramount importance of a citizen’s liberty, expressing concern over delayed adjudication by the Bombay High Court in a specific case.

SC Emphasizes Article 21:Bench Criticizes High Court’s Delayed Bail Decision

The bench pointed out a case where Amol Vithal Vahile, a prime accused in a Maharashtra corporator’s murder, received bail only after the Supreme Court’s intervention on January 29. The court noted that before its intervention, the high court had deferred the bail decision, emphasizing the urgency of addressing matters related to individual liberty promptly.

The order underscored, “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.”

SC Emphasizes Article 21:Supreme Court Urges Expeditious Bail Adjudication

Expressing dissatisfaction with the delay in numerous bail and anticipatory bail applications in the Bombay High Court, the bench urged the Chief Justice to convey their request to judges handling criminal jurisdiction. The court stressed the importance of deciding bail matters on merits and discouraged finding excuses to defer cases on different grounds.

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In a specific instance mentioned by the bench, an anticipatory bail application remained undecided for over four years, prompting the Supreme Court to intervene and issue a directive for timely resolution.

SC Emphasizes Article 21:High Court’s Approach Criticized in Murder Case

The Supreme Court scrutinized the Bombay High Court’s approach in the case of Amol Vithal Vahile, who had been in jail for over seven years. The high court had directed Vahile to seek regular bail from the trial court, neglecting his plea for bail on merits. The top court expressed dissatisfaction, stating, “the approach of the high court… would amount to non-exercise of jurisdiction vested in it.”

The Supreme Court directed the high court to reconsider Vahile’s bail, considering the considerable time served in custody. Vahile, accused in the murder of corporator Avinash Tekawade, had been in prison for over eight years at the time of the Supreme Court’s intervention.

Asif Iqbal

Asif Iqbal is a seasoned news writer with a passion for delivering the latest updates to the public. Currently serving as the senior writer at VoM News, a prominent news outlet known for its comprehensive coverage of diverse topics, Asif has established himself as a reliable source of information. With a keen eye for detail and a knack for storytelling, he consistently provides readers with well-crafted articles that cover a wide range of news categories. His dedication to journalistic integrity and his commitment to staying ahead of the news curve make him an invaluable asset to Vom News, ensuring that readers are always well-informed on the issues that matter most. You can find his work and stay updated on current events by visiting vomnews.in.