Even single day's delay in deciding bail plea adversely affects fundamental rights of citizens: SC
New Delhi (PTI): Deprecating the practice of courts keeping bail applications pending for years, the Supreme Court has said that even a single day's delay in deciding such matters adversely affects the fundamental rights of citizens.
The apex court has time and again emphasised the importance of personal liberty, a bench of Justices B R Gavai and K V Viswanathan said in an order passed on Friday.
"It has been observed by this court (that) even a single day('s) delay in deciding the bail application adversely affects the fundamental rights of the citizens," it said.
"We do not appreciate the practice of keeping bail application pending for years together," it said.
The top court's observation came while hearing a plea filed by a man who said his bail application was pending before the Allahabad High Court since August last year and there was no progress in the matter.
The petitioner said the matter was adjourned repeatedly before the high court without any effective hearing.
The SC noted that it has been informed that the matter was posted for hearing before the High Court on November 11.
"... we request the judge, before whom the matter is placed, to take up the matter on the same date and decide it as expeditiously as possible and, in any case, within a period of two weeks from November 11, 2024," the bench said, while disposing of the plea.
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CJI's advice to aspirant: Join the bar, become a lawyer, don't hanker for judicial services post
New Delhi (PTI): She came to the Supreme Court seeking a re-evaluation of her paper in the examination for joining judicial services as a magistrate. What she got instead was a rejection — and a candid confession by the Chief Justice that he too had wanted to join the judicial services in his youth but was advised by a senior judge to become a lawyer instead.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi on Friday dismissed a plea filed by Prerna Gupta, the judicial services aspirant.
As Gupta pressed her case, the CJI intervened and said, "Let me share my personal story and I hope you will go happily as we cannot allow your petition."
He recounted his time as a final-year law student in 1984 when he wanted to become a judicial officer. As per requirement, he cleared the written test and was set to appear for an interview.
Judicial services is one of the two routes to become a judge after initially joining as a magistrate in lower court and thereafter rising through the ranks to become judge in a high court and possibly the Supreme Court.
The other route is to join the Bar, which means becoming a lawyer, and after building a reputation be picked from the Bar to become a judge at a senior level.
By the time the CJI's exam results came out, he had started practising at the Punjab and Haryana High Court when he was called for the interview.
The senior-most judge on the interview panel happened to be a judge before whom he had recently argued two significant matters.
"One of the matters was Sunita Rani vs Baldev Raj, where he had allowed my appeal in a matrimonial case and set aside the decree of divorce granted by the District Judge on the ground of schizophrenia," he noted.
Before the interview could take place, the judge called the young Surya Kant to his chamber and asked, 'Do you want to become a judicial officer?'
"I said 'yes.' He immediately said, 'Get out from (my) the chamber.'"
The courtroom fell silent as the CJI Justice described his initial heartbreak.
“I came out trembling. All my dreams were shattered. I thought he had snubbed me and that my career was over,” the CJI said.
However, the story took another turn the following day and the judge summoned him again, this time offering a piece of advice that would change the trajectory of his life.
“He said, ‘If you want to become (a judge), you are welcome. But my advice is, don’t become a judicial officer. The Bar is waiting for you,’” Justice Surya Kant recalled.
The CJI said he decided to skip his interview and didn't even tell his parents at first, fearing their disappointment, and instead chose to dedicate himself to his practice as an advocate.
“Now tell me did I make a bad right or bad decision,” the CJI asked and the litigant lawyer left the court with a smile on her face despite her case being dismissed.
Encouraging the petitioner to look toward the future rather than dwelling on the re-evaluation of a single paper, Justice Surya Kant said, "The Bar has much to offer."
