Six-month High Court delay in hearing Anil Deshmukh bail plea irks Supreme Court | India News – Times of India


NEW DELHI: Observing that it is a legitimate expectation of a person to get expeditious hearing on bail petition, the Supreme Court on Monday expressed its displeasure at the Bombay high court for keeping the bail plea of state former home minister Anil Deshmukh pending for the last six months and asked the HC to grant him a hearing during the course of the week.
A bench of Justices D Y Chandrachud and Hima Kohli said Bombay HC even failed to implement its order by which it was asked in May to expeditiously decide Deshmukh’s bail plea.
Deshmukh, who was arrested by ED in November last year, had moved the HC after the special Prevention of Money Laundering Act (PMLA) court on March 14 rejected his bail plea and held that there is prima facie proof to indicate that Deshmukh had exercised “undue influence” over transfers and postings of police officers.
Senior advocate Kapil Sibal and lawyer Aparna Bhat, appearing for Deshmukh, contended before the bench that the bail plea was not being decided by the HC despite the apex court’s order and pleaded for interim bail. They said that bail plea was filed on March 21 but the court kept adjourning the case.
Sibal said that almost four months have passed since SC’s order but the plea is still pending, which has forced his client to again approach the apex court. His plea was opposed by solicitor general Tushar Mehta who submitted that it had become a new trend to approach the apex court in case of any delay on part of HC. He told the bench that other accused would also approach the court in similar cases by bypassing HC.
The bench said the chronology of the case clearly showed the delay in deciding bail plea. It said the approach of the HC was not in accordance with established legal principles on matter of bail.
PIL says axe ministers in custody for over 48 hrs, SC says it’s for legislature to decide
As Satyendar Jain continues to be a cabinet minister in the Delhi government and Nawab Malik remains a minister in Maharashtra despite being in custody, a PIL sought direction that ministers be removed if they are in custody for over 48 hours as is being done for government servants. But the apex court refused to entertain it saying its interference would completely “submerge” the principle of separation of power. “We cannot incorporate disqualification in this manner and send somebody out,” a bench headed by Chief Justice U U Lalit said. “This is the matter of law. It is for the legislature to legislate,” the bench said.

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