No mechanical judgments: Gujarat HC tells lower courts

Justice JB Pardiwala's observation in a special criminal application inspires the High Court administration to issue a circular to lower courts to discharge their duty and jurisdiction while addressing remand and bail applications, especially when the accused is punishable up to seven years.

In an order in November 2017, Justice Pardiwala had observed, "The subordinate courts have failed to exercise their discretion, in the right manner in accordance with law. The high court is left to deal with the inordinately large number of applications for bail applications under Section 482 of the Criminal Procedure Code." The judge also issued guidelines for lower courts.

The same guidelines are now been issued by the High Court Registrar General PR Patel as a circular for lower courts to follow. It says the Magistrate should grant the police remand of an accused who is punishable up to seven years for offence, only after his/her satisfaction that the police remand application is bonafide and reasons seeking remand are mentioned in the case diary and are in accordance with the Criminal Procedure Code's various sections.

It further asks lower courts that in case of sending accused to judicial custody, when the accused has surrendered or the investigation is at an initial stage and accused has not been adjudged guilty, may not be called for. It has also asked the magistrate and sessions courts to consider bail applications expeditiously and not refuse bail mechanically.

The magistrate and sessions court can consider temporary bail of accused when their regular bail applications are pending for consideration. Magistrates are also asked to draw the attention of the High Court Registrar General if they find police officer persistently arresting an accused in a malafide and dishonest manner, the punishment for which is up to seven years. The Director General of Police can take departmental action against such an errant officer, and if required, even the court can initiate contempt proceedings against him/her.

LEGAL TRACK

In an order in November 2017, Justice Pardiwala had observed, “The subordinate courts have failed to exercise their discretion, in the right manner in accordance with law. The high court is left to deal with the inordinately large number of applications for bail applications under Section 482 of the Criminal Procedure Code.” The judge also issued guidelines for lower courts.