Supreme Court Seeks Madras HC Registry's Explanation For Not Listing Anticipatory Bail Application Citing Bar Under SC/ST Act
The Court observed that it is ultimately for the bench to decide whether a matter is maintainable or not.;
The Supreme Court on Monday sought an explanation from the Registrar General of the Madras High Court, for the non-listing of an anticipatory bail plea filed under the SC/ST (Prevention of Atrocities) Act.
The bench of Justice Manoj Misra and Justice NK Singh was hearing the Special Leave Petition filed challenging the Registry's refusal to list the petition before the bench on the ground that anticipatory bail was barred under Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 .
The Court observed that it is ultimately for the bench to decide whether a matter is maintainable or not.
The petitioner contended that the Registry cannot decide the maintainability of a petition as it was a matter of judicial discretion.
However, by the time the matter reached the Supreme Court, the petitioner got arrested.
During the hearing, counsel for the petitioner informed the Court that the arrest had already taken place last Friday (June 27), rendering the main prayer for anticipatory bail infructuous. However, he urged the Court to seek a response from the Registrar General regarding the procedural lapse.
Taking serious note of the issue, the Supreme Court passed the following order:
“At the outset, the learned counsel for the petitioners stated that on account of the intervening arrest of the petitioners, this Special Leave Petition has been rendered infructuous insofar as the main prayer for anticipatory bail is concerned. However, he submits that response be sought from the Registrar of the Madras High Court as to under what circumstances the anticipatory bail application filed by the petitioner was not placed before the Court.”
“In light of the limited prayer, we deem it appropriate to issue notice to the Registrar of the Madras High Court to explain as to why the matter of the petitioners was not placed before the Court because ultimately it is the Court which has to take a call whether the petition would be maintainable or not.”
The matter will now be listed after four weeks. The Registrar General is required to submit a report and a personal affidavit explaining the circumstances that led to the anticipatory bail application being withheld from judicial consideration.
The petitioner was represented by Tushar Giri, Advocate-on-Record.
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