“The learned single-judge of the High Court while rejecting an application for anticipatory bail, in the same breath granted them protection for a period of two months,” the Supreme Court observed.
The Supreme Court recently expressed surprise over an Allahabad High Court order that had granted interim protection to five accused men while rejecting their anticipatory bail pleas “in the same breath.” [State of Uttar Pradesh vs Mohd Afzal and ors]
A bench of Justices BR Gavai and JB Pardiwala said it was ‘amazed’ at such proceedings and ‘self-contradictory’ verdicts.
“We are amazed to see the order passed by the single-judge of the High Court of Judicature at Allahabad … The learned single-judge of the High Court while rejecting an application for anticipatory bail, in the same breath granted them protection for a period of two months. He directed that no coercive steps be taken against the respondent(s) for a period of two months. It is, thus, clear that self-contradictory orders have been passed by the High Court,” the Supreme Court said.
The High Court order in question was was passed on May 12, by Justice Vivek Kumar Singh, who directed that no coercive action be taken against five men accused of offences punishable under the Uttar Pradesh Gangsters Act.
The directive was passed while rejecting their plea for anticipatory bail. The interim protection was granted to allow the accused time to file discharge applications.
This order was passed despite the State raising concern that the bail applicants were hardened criminals against whom look-out notices had been issued.
The Uttar Pradesh government proceeded to file an appeal before the Supreme Court against the High Court order.
On July 18, the Supreme Court set aside the portion of the High Court that had granted the interim protection.
“The second part of the order directing that no coercive steps shall be taken against the respondents for a period of two months is quashed and set aside,” the top court directed.
