Thread by @barandbench

Supreme Court vacation bench to shortly hear an appeal by the Uttar Pradesh government against a recent Allahabad High Court order which held that apprehension of death due to #COVID19 can be a ground for grant of anticipatory bail to an accused
#SupremeCourt
#anticipatorybail

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@myogiadityanath govt submits that HC order implies that the administration of criminal justice "shall be kept in abeyance during the ongoing pandemic" and the "offenders shall enjoy a free hand while committing crimes with impunity during the ongoing pandemic." #supremecourt

Allahabad HC had recently observed that the State lacks preparation and resources to tackle the COVID-19 crisis, and hence a person arrested is at risk of contracting the virus
#COVID19 #allahabadhc

Solicitor General Tushar Mehta: Please see the biodata of the respondent. The entire order is because of COVID. It says its a good ground for anticipatory bail

Justice Saran: We will issue notice and appoint an amicus as the respondent will not come here. You are aggrieved by the observations made by the HC

SG: even on facts. Please see the record of the respondent. There are 130 cases against him. HC does not go into merits at all

Justice Saran: is he on bail in other cases? If he is not not out, he will not seek anticipatory bail. if out in 130 cases why not in 131st. we understand your problems with sweeping observations like all persons should be granted bail.. etc

Supreme Court: we are not interfering in the particular case. We are not granting any stay. But we will appoint an amicus

#supremecourt

Justice Saran: Issue notice and returnable on first week of July. In case the respondent does not appear on next date we will consider cancellation of the anticipatory bail and stay the High court order.

Justice Saran: It is pointed out that larger issues involved as sweeping orders have been given in relation to grant of bail during COVID. In relation to this we appoint an amicus

SG: This order is being cited. Please stay the observations

Justice Saran: as far as observations are concerned it remains stayed and courts shall not consider the said directions while granting anticipatory bail and must consider merits of each case while granting one. Senior adv Meenakshi Lekhi appointed as amicus

#supremecourt

[BREAKING] Supreme Court stays Allahabad High Court order which ruled fear of death due to COVID is ground for anticipatory bail

report by @DebayonRoy

#SupremeCourtofIndia #allahabadhighcourt

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