HCs can cancel bail on their own, says SC

HCs can cancel bail on their own, says SC
PRESS TRUST OF INDIA

NEW DELHI, FEBRUARY 8: In a significant ruling, the Supreme Court today held that high courts on their own (suo motu) have power to cancel bail granted to a person and anybody could move the courts for exercise of this power in matters of public interest.

"There is no barrier either in Section 439 of the Criminal Procedure Code or in any other law which inhibits a person from moving the High Court to have such powers exercised suo motu," a division bench comprising Justice K T Thomas and Justice D P Mohapatra said.

The bench was hearing a petition relating to 1997 Madurai massacre case in which six persons belonging to a scheduled caste community were killed. The police had arrested 34 persons in connection with the crime, but many were granted bail by the Madras High Court.

A group of 75 advocates moved a petition in the High Court to suo motu exercise its powers to cancel the bail granted to accused, but the same was rejected on the ground that the petitioners had nothing to do with thecase.

Justice Thomas, writing the judgment for the bench, said, "It is improper to refuse to look into the matter on the premise that such a petition is not maintainable in law," and added, "The division bench (of the High Court) has gone wrong in holding that the petition submitted by the concerned advocates was not maintainable at all".

While rejecting the advocates' plea, the High Court had pointed out that neither the state nor any relative of the victims of the crimes moved the High Court for cancellation of the bail granted to various accused earlier.

The Supreme Court said there was nothing to indicate that the said power could be exercised only if the state or investigating agency or even a public prosecutor moved for it by a petition.

Asking the High Court to consider the plea of the advocates afresh, Justice Thomas said, "If the High Court considers that there is no need to cancel the bail for the reasons stated in such petition, after making such considerations, it is open for the HighCourt to dismiss the petition.

"If that is the position, it is also open to the High Court to cancel the bail if the High Court feels that the reasons stated in the petition are sufficient enough for doing so," he said.