'Go and get training in the academy first...', why did the Supreme Court get angry over the judge's bail order?

News Topical, Digital Desk : The Supreme Court has ordered an Additional Chief Metropolitan Magistrate (ACMM) and a Sessions Judge of Delhi to be sent for special training at the Delhi Judicial Academy after finding deficiencies in their bail orders.

The move came after the Supreme Court held that the bail granted to a habitual offender couple by the lower courts and the Delhi High Court was invalid.

'Undermining the principles of freedom'

The bench of Justice Hasnainuddin Amanullah and Justice SVN Bhatti made it clear that this decision is not going to weaken the principles of freedom, but the conduct of the accused couple was such that they should not have been granted bail.

The couple is accused of involvement in six similar criminal cases, including defrauding a victim of ₹1.9 crore (approximately $1.9 million) under the pretense of selling a piece of land that had already been sold. They then refused to return the money to the victim, leading to an FIR being filed against them.

Bail was granted by the Delhi High Court

In 2018, the couple obtained anticipatory bail from the Delhi High Court. Upon their bail, they promised to repay the money, securing bail for approximately five years. However, they broke their promise and did not return the money.

Following this, the High Court cancelled their bail in 2023. Despite this, after the chargesheet was filed, the couple secured regular bail from the trial court, which was upheld by the Sessions Judge and later by the Delhi High Court.

Bail from lower court amid strict attitude of High Court

The Supreme Court also objected to the High Court's decision, as it had earlier made harsh comments against the couple.

The Supreme Court observed that the ACMM, ignoring the High Court's order dated February 1, 2023, made the simplistic argument that since the charge sheet had been filed and the investigating officer had not stated the need for custody, there was no purpose in detaining the accused.

The court rejected this argument, saying it ignored the conduct of the couple and their promises made before the High Court.

Order for special training at the Judicial Academy

The Supreme Court took this attitude of the lower courts seriously and said that it could not ignore these orders. The bench directed that both judicial officers undergo special training for at least seven days.

The Chief Justice of the Delhi High Court has been requested to arrange this training at the Delhi Judicial Academy. The training will focus on the importance to be given to High Court decisions and the conduct of judicial proceedings.

The Court clarified that this step was not only to improve the judicial process but also to ensure that such lapses do not occur in future, especially when it comes to orders of High Courts.

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