Non-Availability Of A Judge At Headquarters Seriously Invades Citizen's Liberty: Allahabad High Court

Expressing its displeasure over the non-availability of Judgeship at the Aligarh District Court to hear the matters, the Allahabad High Court last week entertained a bail plea filed by an applicant who approached the High Court in the first instance.

Noting that the Bail plea could not be filed before the lower court in Aligarh District as it was closed due to COVID, the Bench of Non-Availability remarked that however adverse the circumstances, the doors of justice ought not to become totally inaccessible.

The Court was dealing with a bail plea presented before it on May 19, 2021 as during the relevant time all the District Courts (in Aligarh district) were either actually locked down or virtually inaccessible because of the widespread restrictions on the movement of persons.

Apparently, due to the Lockdown restrictions, the office of the District Court at Aligarh was not accepting any applications compelling the applicant to file this bail application directly before the High Court online.

"It not only burdens this Court with avoidable work, but also puts a citizen, already suffering hardships to the rigour and expense of to secure his liberty. This Court cannot appreciate the Judgeship of Aligarh for shutting its doors to all kinds of applications/ causes, that may genuinely require attention during the Covid-19 pandemic," observed the Court.

The Court also remarked that once the police are about their job of arresting those whom they say have committed a crime, there has to be a judge available to hear bail pleas at the headquarters, where the arrest is made.

Significantly, the Court observed:

"The non-availability of a Judge at the Headquarters seriously invades a citizen's liberty, where virtually there is a remand Magistrate to send a person arrested to jail, but no Judge, at least in the Sessions, to consider his bail plea."

In the circumstances, the bail application was entertained and the Counsel for the applicant was granted a week's time to file a supplementary affidavit, disclosing and explaining his criminal history.

The matter was listed as fresh on July 9, 2021.

Case title - Faizan Allahbadi v. State of U.P.

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