The Supreme Court on Thursday emphasized that courts should not delay matters concerning individual liberty for long periods. The observation came as a bench of Justices B R Gavai and Augustine George Masih expressed concern over a Punjab and Haryana High Court decision to schedule a hearing for temporary bail after two months.
The matter before the apex court involved a plea for temporary bail on medical grounds. The petitioner’s counsel argued that his client sought bail to facilitate urgent surgery for his two-year-old daughter. However, the high court, in an order dated February 21, scheduled the hearing for April 22.
“In matters of liberty, the courts are not expected to keep the matter at such a long date,” the Supreme Court bench remarked, allowing the petitioner to request an earlier hearing before the high court.
The top court also directed the high court to expedite the matter and hear the petitioner’s plea for temporary bail at the earliest, given the urgent medical condition of the child.
The petitioner’s counsel informed the court that a request for advancing the hearing had already been submitted to the high court, but it was dismissed. In response, Justice Gavai remarked, “Now, with this observation, do you think that the high court will reject it?”
The bench further noted that issuing a notice in the matter might lead to further delays, as the respondent would then seek time to respond. Instead, it urged the high court to prioritize the case and take it up expeditiously.
“We expect the high courts to at least give some weightage to our request,” Justice Gavai added, emphasizing the need for a swift resolution in cases related to personal liberty.
The petitioner initially sought interim bail before the high court, but the case was linked with the main petition and scheduled for hearing in April. The Supreme Court’s intervention now paves the way for a potential advancement of the hearing date, ensuring urgent matters related to personal liberty are addressed promptly.
