Summary
In a writ petition under Article 32 by toll-plaza employees who were in custody for over two months after a scuffle with an advocate, and whom no local lawyer would represent after the Barabanki Bar resolved to boycott them and burnt the furniture of the one advocate who filed their bail plea, the Court held the continued denial of bail violated Article 21, ordered their release and transferred the case to the Tis Hazari Courts, Delhi.
Issues
- Whether the continued detention of the petitioners for over two months, in the face of a Bar boycott that denied them legal representation, warranted relief under Article 32.
- Whether the criminal proceedings should be transferred out of Uttar Pradesh to secure legal representation and a fair trial.
Provisions considered
- Article 21, Constitution of IndiaDenial of bail and curtailment of liberty for more than two months in a case arising from a minor scuffle at a toll plaza was held unjustified and violative of the right to liberty. (¶¶ 15, 16)
- Article 32, Constitution of IndiaThe Court exercised its writ jurisdiction to grant bail directly and transfer the proceedings, deciding without awaiting a reply because the facts were undenied and liberty was at stake. (¶¶ 12, 13, 16, 17)
Held
- Where the facts in the writ petition were not denied and the petitioners' liberty had been curtailed for over two months, the Court could decide the petition without awaiting the respondents' reply. (¶¶ 12, 13)
- On a bare reading of the FIR, this was not a case in which bail could have been refused; the petitioners were on duty at the toll plaza and the incident may have arisen from the complainant resisting a legitimate toll demand. Detention beyond two months violated Article 21 and justified intervention under Article 32. (¶¶ 15, 16)
- The Bar Association's resolution not to represent the accused and the violence against the advocate who filed their bail plea were condemned as acts of hooliganism; fraternity among lawyers cannot justify such lawlessness, and the Bar Council of India is expected to take appropriate steps. (¶¶ 14, 19, 21)
- To secure proper legal representation and a fair trial, the proceedings arising from the FIR were transferred to the Tis Hazari Courts, New Delhi, for remand, filing of the investigation result and trial. (¶ 17)
Result
Writ petition disposed of. Petitioners to be released on bail on personal bonds; proceedings transferred to Tis Hazari Courts, New Delhi, which may impose additional bail conditions; DGP, Uttar Pradesh made responsible for the petitioners' safety and escort; copy of the order to the DGP and the Bar Council of India.