Ribanylla Pyrtuh vs State of Meghalaya

Dinesh Maheshwari, C.J. - On the urgency mention made, this petition has been taken up on supplementary board in this Court today itself.

This petition is filed by the daughter of the accused in Resubelpara P.S. Case No. 3(5) of 2016 that has been registered for the offences under Sections 403/409 IPC. It is submitted that the accused, father of the petitioner, who was arrested on 01.05.2016, was remanded to police custody for 7 (seven) days and has now been remanded to judicial custody.

The grievance stated in this petition is that when a bail application on behalf of the accused (father of the petitioner) was sought to be presented in the Court of Additional Deputy Commissioner at Resubelpara, the applicant was informed that no bail application could be moved before 19.05.2016 for the reason that the Additional Deputy Commissioner would remain busy in connection with the election of Tura Parliamentary Seat. In these circumstances, the present petition has been moved in this Court for consideration of the bail plea of the accused concerned.

In the given set of circumstances, though it did not appear appropriate to take up the bail plea of the accused directly in this Court when the same is yet to be dealt with by the Additional Deputy Commissioner, who would be exercising power akin to Section 439 Cr.P.C but, looking to the averments made, this Court expressed serious reservations if at all there has been any such proposition from any Court that a bail application would not be heard if the Presiding Officer remains busy in other duties related with election?

Upon this Court expressing concern that the question of liberty of any person cannot be postponed for such reason of the officer being busy in other duty, the learned Sr.P.P. Mr. ND Chullai and learned PP Mr. S Sen Gupta, sought time to take instructions and reverted to the Court after telephonically conferring with the Additional Deputy Commissioner concerned. It has been specifically submitted by the learned Sr.P.P. on instructions that the concerned officer shall be willing to hear the bail application at the earliest, whenever it is filed.

Taking note of the submissions so made by the learned Sr.P.P., this petition is disposed of with the requirements that the bail application on behalf of the accused aforesaid, whenever filed, shall be taken up immediately for consideration by the Additional Deputy Commissioner and an appropriate order in accordance with law would be passed without delay.

Before parting with the matter, this Court is constrained to observe that dealing with judicial matters ought to be of priority with any authority invested with such power/jurisdiction. Moreover, when the matter is of liberty of any person, consideration of his bail application on the principles of Section 439 Cr.P.C. cannot be delayed or postponed only for the reason that the officer concerned is busy with other work, even if equally important. On the requirements of different duties/tasks, a balance is required to be struck while keeping in view the basics that right of liberty is one of the supreme fundamental rights.

This matter again underscores the requirement that the process of separation of Judiciary from Executive, in the areas where it remains pending, ought to be expedited by the Government with utmost priority.

In the given circumstances, without making further comment in this matter, this petition stands disposed of with the observations and directions foregoing.