The Supreme Court on Tuesday observed that magistrates, who pass orders passed in bail matters in breach of its guidelines and the law, may be taken off judicial work and sent to academies for skill upgrade.
A bench, headed by Justice Sanjay Kishan Kaul, orally observed that at the ground level there are a number of aberrations, while pointing at some orders, which were produced before it. The bench said these orders were passed in breach of the order passed by the apex court.
The bench, also comprising Justices A. Amanullah and Aravind Kumar, said if such orders are being passed by some magistrates, it may even be required to withdraw them from judicial work and they should be sent to the judicial academies for upgradation of their skills.
Indicating the orders, the bench said a large number of them are from Uttar Pradesh and added that orders are being passed having dual ramification - sending people to custody where they are not required and creating further litigation.
It further stressed that such things cannot be countenanced and in court's view, it is the duty of the high courts to ensure that the subordinate judiciary under their supervision follows the law of the land.
The bench told the Uttar Pradesh counsel to inform the Chief Justice of the Allahabad High Court about the issue, so that necessary directions are passed in the matter.
It also observed that it is not only the duty of the court but also the public prosecutors to bring the correct legal position before the courts.
The bench noted that Additional Solicitor General S.V. Raju, representing the CBI, stated that prosecutors are bound to bring the correct legal position before the courts and directions will be issued by the central agency on these lines.
It observed that all prosecuting agencies/state governments should issue directions to the prosecutors to avoid arguments or pleadings, where a contrary stand is taken to the legal position enunciated by the apex court.
The bench scheduled the matter for further hearing on May 2. In October 2021, the apex court had issued guidelines for grant of bail by courts.
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