Supreme Court grants bail after 27 adjournments, affirming that liberty must not suffer due to judicial delay.
Case in News
HIGH COURT DELAYED BAIL 27 TIMES SAYS SUPREME COURT in a case where personal liberty was overlooked .
Case Overview
Case Name : Lakshya Tawar vs Central Bureau of Investigation
In a significant order the Supreme Court of India came down heavily on the Allahabad High Court for delaying the hearing of a bail plea 27 times . The petitioner incarcerated for over four years filed a special leave petition seeking urgent relief . The Bench comprising Chief Justice of India BR Gavai and Justice AG Masih, highlighted how such delays in bail decisions infringe the fundamental right to personal liberty .
Key Aspects
The Court took strong exception to the procedural delays that kept the accused behind bars . Here are the core facts and legal issues that shaped the Court’s decision :
- The High Court adjourned the bail matter 27 times without a decision .
- The petitioner was in custody for over 3 years and 8 months .
- Only 3 out of 365 witnesses had been examined .
- A High Court order dated March 20, 2025, only directed evidence recording—not bail .
- The petitioner faces 33 cases, but is on bail in 27 of them .
Legal Insights
The case raised pressing constitutional concerns relating to bail, trial delays, and liberty. The Court relied on the following legal principles :
- Article 21 – The prolonged incarceration violated the right to personal liberty .
- Article 14 – Unjustified delays amounted to arbitrary treatment .
- Prevention of Corruption Act, 1988 – The petitioner is accused under this statute .
- Bail principles – Delayed trials and long custody are key grounds for granting bail .
Court’s Verdict
The SupremeCourt granted bail, observing that repeated adjournments in matters concerning personal liberty are unacceptable . The pending bail application in the High Court was declared infructuous . The Court stressed that liberty cannot be compromised due to judicial delays .
Source- Supreme Court of India
Read also – Article 21 of Indian Constitution
