CJAR urges SC to withdraw orders passed on Centre’s plea to recall its judgment upholding right to default bail

It says judgment in Ritu Chhabaria case had laid down the ‘correct law consistent with the fundamental rights chapter of the Constitution, and would be a travesty if it were eventually overturned’

According to Section 167 of the Criminal Procedure Code (CrPC), an accused will be entitled to default bail if the investigating agency fails to file a charge sheet within 60 days from the date of remand. Image used for representative purpose only. | Photo Credit: Getty Images/iStockphoto

The Campaign for Judicial Accountability and Reforms (CJAR) on Monday issued a statement urging the Supreme Court to withdraw its orders on the basis of a plea filed by the Centre to “recall” an apex court judgment which upholds the “fundamental right” to default bail.

A Division Bench of the apex court recently, in a judgment in Ritu Chhabaria v. Union of India, had held that an accused’s right to default bail under Section 167 of the Code of Criminal Procedure would not be extinguished even if the police filed an incomplete chargesheet.

According to Section 167 of the Criminal Procedure Code (CrPC), an accused will be entitled to default bail if the investigating agency fails to file a charge sheet within 60 days from the date of remand. For certain categories of offences, the stipulated period can be extended to 90 days.

However, subsequently, the Centre moved an application to “recall” the judgment. A Bench led by Chief Justice of India D.Y. Chandrachud, on May 1, agreed to constitute a three-judge Bench to hear the recall application. It had posted the case for May 4, and later scheduled the hearing on May 12.

Meanwhile, the CJAR said, the apex court had ordered that any application filed before any court seeking default bail on the basis of Ritu Chhabaria judgment should be deferred till May 12.

The CJAR, whose convener is advocate Prashant Bhushan, said the judgment in the Ritu Chhabaria case had laid down the “correct law consistent with the fundamental rights chapter of the Constitution, and would be a travesty if it were eventually overturned”.

The Chief Justice’s Bench is not an appellate court over the final judgments and orders of other Benches of the Supreme Court… The Chief Justice’s Bench has effectively condoned this brazen act of forum-shopping and bench-hunting by the Union… In an equally improper manner, it has acted like an appellate court by directing all lower courts to defer default bail applications relying on the judgment in Ritu Chabbria,” the statement said.

The CJAR has appealed to the court to suo motu withdraw its orders on the Centre’s “recall” application.

Published - May 09, 2023 03:12 am IST