The Campaign for Judicial Accountability and Reforms (CJAR) on Monday urged the Supreme Court to recall its order deferring grant of default bails to accused all across the nation, on the basis of.
The Supreme Court’s recent decision to hear the government’s plea to recall one of its judgments dealing with the right to default bail, and grant an ex-parte ‘stay’ on it in the meantime, is ominous. It alerts us to the potential abuse of the powers of the ‘master of roster.’
The Supreme Court extended its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Union of India And Ors. should be.
In a recent judgment, the Supreme Court ended up giving ideas to the prosecution on how to prevent the accused from using the default bail law in their favour.
Observers are concerned that the practice of filing recall applications by the government, in lieu of invoking the Supreme Court’s review jurisdiction after the pronouncement of a judgment, citing urgency and problems in implementation, would set a wrong precedent.