Delhi court urges HC to issue guideline over granting interim bail to riots accused

By Amiya Kumar Kushwaha
New Delhi [India], September 7 : Taking note of specific trend adopted by a number of accused persons in applying for interim bails, Delhi's Karkardooma Court has urged the Delhi High Court to issue an appropriate guideline to be followed in the cases of riots clarifying as to whether the interim bail granted by the court on humanitarian grounds would be deemed to be extended from time to time in terms of directions of the full bench.
Additional Sessions Judge Vinod Yadav's remarks came while refusing to grant interim bail to Suhaib Saifi, one accused in the violence case lodged in Bhajanpura in Delhi.
Saifi has sought interim bail, for a period of one month, to facilitate him to appear in Mathematics and Science examination of 10th class conducted by the Central Board of Secondary Examination (CBSE).
Delhi Police was represented by Special Public Prosecutor Amit Prasad while on behalf of accused Suhaib Saifi, advocate Jatin Bhatt appeared and argued.
ASJ Yadav, who has been exclusively dealing with the bail matters of the violence cases of North East District, Delhi, observed that a specific trend has been adopted by a number of accused persons, who have been applying for interim bails on one ground or the other and if the court grants interim bail for a specific period depending upon the requirement or urgency in the matter then invariably the accused person file applications for extension of interim bail on the ground that the Full Bench of the Delhi High Court in decisions dated July 13 and August 24, extending the interim bails from time to time.
The Delhi High Court on August 24 extended till end of October all the interim orders, which were to expire on August 31, before it due to the COVID-19 pandemic. The interim orders include stays, bails and paroles.
ASJ Yadav raised doubt as to whether the directions of the High Court of Delhi will apply to the cases of riots or not because the minutes of meeting dated May 18 of the High Powered Committee, has taken decision to exclude the category of under trial prisoners in riot cases and other various serious offences.
"In my humble opinion, the interim bails granted purely on humanitarian grounds for a limited period should not come within the purview of the directions of the Full Bench of the High Court of Delhi because what can not be granted to an accused directly under the minutes dt.18.05.2020 of the High Powered Committee can not be deemed to be accorded indirectly under the directions of the Full Bench," the court said.
"In view of the aforesaid scenario, it is expedient and in the interest of justice that clarification may be sought from the High Court on this aspect for the guidance of this court," the court.
The court also noted that the applicant is an accused in a case of rioting and murder and there is already facility available in the jail to prepare for examination and said, "I do not see any ground to grant interim bail to the applicant on this ground as well as in view of the specific bar created by minutes dated May 18 2020 of the High Powered Committee."
However, it directed the Jail Superintendent concerned to make available the relevant books and study material to the applicant to prepare for his two examinations and he should also be facilitated to study in the Jail.
"A copy of this order be sent to the Registrar General, High Court of Delhi for his kind perusal and with a request to issue an appropriate guideline for the undersigned to follow in the cases of interim bails in the cases of riots by way of clarification as to whether the interim bail granted by the undersigned on humanitarian grounds would be deemed to be extended from time to time in terms of directions of the Full Bench in W.P (C) no.3037/20," the order copy said.