The Supreme Court of India on Wednesday referred the vital question of whether litigants can directly approach high courts for anticipatory bail to a three-judge bench. The court’s decision came amidst concerns over legal procedural norms, particularly in cases involving anticipatory bail applications.

A bench consisting of Justices Vikram Nath and Sandeep Mehta stated, “This matter requires to be heard by a three-judge bench.” They directed the case to be listed before a larger bench once it is constituted, signifying the importance of this issue.

This deliberation follows an earlier appointment of senior advocate Siddharth Luthra as amicus curiae to provide assistance on the matter, underscoring the complexity and significance of the legal questions involved.

Kerala High Court’s Practice Under Scrutiny

The Supreme Court expressed particular concern regarding the “regular practice” observed in the Kerala High Court, where litigants repeatedly file anticipatory bail applications directly without first approaching the sessions court. “One issue that is bothering us is that in the Kerala High Court, anticipatory bail applications are regularly entertained directly. Why is that so?” the bench inquired during the proceedings.

In reviewing the relevant legal framework, including provisions from the old Code of Criminal Procedure and the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, justices noted that a structured hierarchy exists for managing bail applications, raising questions about the legality of bypassing the sessions court.

“It doesn’t happen in any other state. Only in the Kerala High Court… applications for anticipatory bail are regularly entertained directly,” the bench pointed out, raising eyebrows regarding the procedural consistency followed across the country.

Background of the Triggering Case

The Supreme Court’s observations emerged while considering a plea filed by two individuals challenging a decision from the Kerala High Court that denied them anticipatory bail. The petitioners, having approached the High Court directly, skipped the essential step of seeking relief from the sessions court, prompting the Supreme Court to critically examine this trend.

The justices emphasized that such a practice could deprive courts of comprehensive factual records that typical sessions court proceedings would usually compile. They suggested the need for a clear and uniform approach to anticipate bail pleas, which might aid in preserving the integrity of the judicial process.

“We are inclined to consider whether the option to approach the high court is a matter of choice for the accused or whether it should be mandatory to first go to the sessions court,” remarked the bench, shedding light on the critical balance between legal rights and procedural adherence. The Supreme Court has also issued a notice to the Kerala High Court, through its Registrar General, seeking their official response on the matter.

This case reflects growing concerns regarding legal practices within the judicial framework of India. With increasing discussions about judicial reforms, the outcome of this referral could significantly impact the future of anticipatory bail proceedings across high courts in India.

As the legal community awaits further developments, the Supreme Court’s proactive stance emphasizes the judiciary’s commitment to uphold legal norms and procedural clarity, ensuring that justice remains accessible and fair.

Delhi Police registered an FIR on Tuesday into the blast near the Red Fort under the UAPA and conducted raids at multiple locations in the national capital as preliminary findings suggested a link to the terror module uncovered in Faridabad.

Union Home Minister Amit Shah held a high-level security review meeting in the wake of the blast on Monday evening that left 12 people dead and many injured, sources said.

The meeting was attended by Union Home Secretary Govind Mohan, Director, Intelligence Bureau, Tapan Deka, Delhi Police Commissioner Satish Golcha and DG, NIA, Sadanand Vasant Date.

DGP of Jammu and Kashmir Nalin Prabhat also attended the meeting virtually.

Police registered an FIR under the Unlawful Activities (Prevention) Act and the Explosives Act under sections which deal with punishment and conspiracy of a terror attack.

Raids are being conducted at multiple locations by Delhi Police and the national capital has been placed on high alert with strict vigil being maintained at the airport, railway stations and bus terminals.

According to sources, Umar Mohammad, a Pulwama resident and a doctor, was allegedly driving the Hyundai i20 car that was used in the explosion near the parking area of the Red Fort Metro Station.

Police sources said the first picture of the man driving the car that exploded near the Red Fort emerged in CCTV footage of the area. He allegedly had links to the terror module in Faridabad, where a huge cache of explosive material was seized, they said.

Preliminary findings by police suggest ammonium nitrate, fuel oil and detonators may have been used in the blast near the Red Fort, police sources said.

A police source said initial findings suggest a possible link between the Delhi blast to the Faridabad terror module where 360 kg of ammonium nitrate was seized. “Final reports are awaited,” the source added.

Police said CCTV footage of the car that exploded shows a “masked man” driving the car. Multiple teams have been deployed to scan CCTV from the vicinity of the Red Fort and adjoining routes, they added.

Shah, who will hold a review meet on Tuesday morning, had said after the blast that he will hold a detailed analysis on the blast with top security officers.

“Tomorrow morning, we will have a detailed analysis of the blast at the home ministry with senior officers,” Shah told reporters after meeting those injured at the LNJP Hospital here.

The home minister had said that top investigating agencies were probing the blast with full intensity, and will go in-depth into the explosion which took place in a Hyundai i20 car.

Delhi Police remains on high alert after a powerful blast ripped through a slow-moving car at a traffic signal near the Red Fort metro station on Monday evening, leaving several vehicles gutted.

Hours before the blast in Delhi, eight people, including three doctors, were arrested and 2,900 kg of explosives were seized with the uncovering of a “white collar” terror module on Monday.

The 2,900 kg of explosive material recovered in Faridabad includes ammonium nitrate, potassium nitrate and sulphur. Of this, 360 kg of inflammable material, suspected to be ammonium nitrate and some arms and ammunition were recovered, according to police.

Police sources alleged Umar Mohammad was another doctor in the Faridabad module who have already been arrested.

Umar Mohammad, who is a doctor by profession, was allegedly associated with the Jaish-e-Mohammad terror module, they said.

According to sources, a man named Tariq from Pulwama, Jammu and Kashmir, who has been arrested, is said to have given the Hyundai i20 car to Umar Mohammad.

After his fellow doctors who were allegedly part of the terror module were arrested, Umar Mohammad allegedly carried out this terror attack fearing that he too might be caught, sources added.

Following the blast, security across the national capital has been intensified, and vehicle checking at all border points has been intensified as well.

All vehicles entering Delhi, whether private or commercial, are being thoroughly checked and verified as part of heightened security measures, officials said.

“Multiple teams have been deployed to scan CCTV footage from the vicinity of the Red Fort and adjoining routes to know more about the masked man driving the Hyundai i20 car in which the explosion occurred,” a police source said.

“We also got to know that the vehicle was parked in a nearby parking lot for three hours, before the blast. Footage of different parking lots are also being monitored,” the source added.

He added that an overnight search operation was conducted at hotels and guest houses in Daryaganj and Paharganj areas to trace possible suspects.

Police checked hotel registers, verified entries, and questioned several staff members to identify anyone matching the suspect’s description.

All police stations in the national capital have been asked to stay alert and maintain strict vigil at local markets, metro stations, bus stands, and railway stations.

“Teams have been asked to stay alert, attend all emergency-related calls, intensify checking in their area, and report any suspicious activity immediately,” said a police officer.

Police are also probing whether it could be a case of a “suicide bombing” or a larger terror plot, said a source.

Delhi Police Commissioner Satish Golcha on Monday told reporters that the explosion took place around 6.52 pm in a slow-moving Hyundai i20 car at a traffic signal near the Red Fort Metro Station.

The Red Fort Metro Station has been closed for commuters, while traffic restrictions have also been imposed in the area.

In a post on X, the Delhi Metro Rail Corporation said, “Service Update. Lal Qila Metro Station is closed due to security reasons. All other stations are functional as normal.” The Delhi Traffic Police issued an advisory regarding restrictions and diversions have been put in place and advised commuters to avoid these routes from 6 am till further order and use alternative roads for a hassle-free journey.

“No vehicles shall be allowed on Netaji Subhash Marg from Chatta Rail Cut to Subhash Marg Cut and vice versa,” read the advisory. (Agencies)

The Supreme Court on Monday indicated that all state bar council elections will be held under the supervision of retired high court judges to ensure a free and fair poll process.

A bench of Justices Surya Kant and Joymalya Bagchi said there is a trust deficit with the Bar Council of India (BCI), as well as state bar councils, and therefore an independent election panel headed by retired high court judges in each state will be appointed to oversee the process.

Senior advocate Manan Kumar Mishra, who is also the Bar Council of India chairman, said that the body does not have any objections if retired judges are appointed for conducting the elections to the bar bodies.

“State Bar council or Bar association elections are the most difficult elections on earth,” Justice Kant said, and asked Mishra to notify the elections for different states as early as possible.

Mishra said the Punjab and Haryana bar councils’ elections will be notified on Monday and the dates for seven states will be notified this week.

Senior advocate Madhavi Divan, appearing for the intervenor, submitted that court orders are being flouted, and pointed out that on October 9, the Delhi Bar Council notified dates for the election but on October 10, a notice was issued by the Bar Council of India dissolving the body.

Mishra said that they want the Bar Council of India (BCI) to be ousted from the poll process and want the elections to be held according to their wishes.

The bench told Divan that the BCI cannot be ousted from the election process and to ensure fairness, it will appoint local retired high court judges for all bar council elections.

On October 31, the top court directed the BCI to notify elections for the Punjab and Haryana bar councils in 10 days and hold the polls by December 31.

It also directed the apex bar body to hold elections for the Uttar Pradesh Bar Council by January 31, 2026, and address the genuine and bonafide grievances of electors.

The top court passed the directions after it was pointed out that elections for Punjab and Haryana bar councils have not been notified and in Uttar Pradesh, the voter list is not being uploaded on the website.

On September 24, the top court said elections in state bar councils have to be held by January 31, 2026, keeping in mind the long pendency.

It had said drives for verification of lawyers’ LLB certificates cannot be a ground for postponing the elections.

The top court was hearing a batch of pleas seeking to quash Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, which empowers the BCI to extend the term of state Bar council members beyond the statutory limits prescribed under the Advocates Act 1961. (Agencies)