16 MAY ,2023.
A Court recall that impacts the rights of the accused(PG 6)(GS 2)
16 MAY ,2023.
•The Supreme Court of India’s order on May 1, seeking to recall its own decision in Ritu Chhabaria vs Union of India upon the insistence of the SolicitorGeneral of India, Tushar Mehta, that central investigation agencies were ‘facing difficulties’, has caused concern among legal professionals.
•Besides the questionable legality of the Court ‘recalling’ its own decision, what is of concern too is how this order would impact the rights of the accused to be released from custody.
• On May 12, in its interim order, the Supreme Court clarified that courts could grant default bail independent of and without relying on the Ritu Chhabaria judgment.
•However, the Court’s decision to suspend the rights of defendants in criminal cases would lead to further erosion of the constitutional rights of the accused and deviate from fundamental principles of criminal procedure.