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Article 21: The Constitutions Soul, with Citizens Liberty Supreme

Article 21: The Constitutions Soul, with Citizens Liberty Supreme

By - 02 Mar 2024 06:02 PM

According to the Supreme Court, Article 21 is the essence of the Constitution because it protects citizens' rights to liberty, which are so valuable that a person would lose them if the high court takes too long to decide cases pertaining to it.
Amol Vithal Vahile, a prime accused in the murder of a corporator in Maharashtra, was granted bail by the Bombay High Court on January 29 following prodding from the top court, according to a bench of Justices B R Gavai and Sandeep Mehta.In a recent ruling, the bench stated that it is evident that prior to this court's order being issued on January 29, 2024, the high court had dismissed the bail application on one or more grounds rather than considering it on its merits.It goes without saying that Article 21 of the Indian Constitution is its core because it upholds the fundamental right to liberty for all citizens. It stated, "Depriving the party of their precious right guaranteed under Article 21 of the Constitution of India would mean not reaching a quick decision and brushing off the issue on one or the other basis pertaining to a citizen's liberty."

The bench stated that it has encountered numerous cases from the Bombay High Court in which the applications for bail and anticipatory bail were not resolved promptly.
The bench mentioned one instance where the application for anticipatory bail was pending for over four years.
"We have also encountered many cases where the judges find an excuse to reroute the case on unrelated grounds rather than rendering a decision based on the merits of the case. As a result, we ask the chief justice of the Bombay High Court to communicate our request to all judges who have criminal jurisdiction so that the issue of bail and anticipatory bail can be decided as soon as possible," the bench stated.It requested that the Supreme Court's Registrar (Judicial) forward this directive to the High Court's Registrar (Judicial), who will present it to the Bombay High Court's chief justice.

The bench stated on January 29 that, despite the fact that Vahile had been detained for more than seven years, on March 30, 2023, the high court had ordered him to appear before the trial court for regular bail.


 

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