SC seeks explanation from Madras High Court Registrar over delay in listing bail plea

The Supreme Court asked the Madras High Court Registrar to explain why anticipatory bail pleas of two accused persons were not listed and taken up for hearing on time.

“We deem it appropriate to issue notice to the Registrar of the Madras High Court to explain as to why the matter of the petitioners was not placed before the court because ultimately it is the court which has to take a call whether the petition would be maintainable or not,” a bench of Justice Manoj Misra and Justice N Kotiswar Singh said.

Asking the Registrar of the Madras High Court to furnish a report as well as file his personal affidavit in the matter in four weeks, the bench on Monday ordered listing of the matter immediately after four weeks.

The order came on a petition filed by two accused persons – Balakrishnan and another — who had sought anticipatory bail from the high court but were arrested even before their plea could be taken up. It followed a limited prayer made by the petitioners after their arrest which rendered their anticipatory bail plea before the high court infructuous.

The petitioners’ counsel Tushar Giri submitted that the delay in listing their anticipatory bail pleas before the Madras High Court directly resulted in their arrest and that the Supreme Court should seek an explanation from the Registrar of the high court on the lapse.

Ultimately, it’s the prerogative of the court to decide on the maintainability of a petition and any administrative lapse with regard to the non-listing of such urgent matters must be properly explained, the bench noted.