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Why don’t Higher Courts Questions?
I know I am late for this but I
just got a chance to read Aryan Shahrukh Khan’s High Court Bail Order and I couldn’t
control myself to get some answers through my blog.
After reading and seeing every
day in media about the controversial NCB arrest of Mr Aryan Shahrukh Khan, either
people have stopped watching television or stopped discussing about the same. But
the talk in the town has increased after the Session Court rejected the Bail
Application.
After the Session Court
rejected the Bail Application, the Khan family tried all possible ways and appointed
top counsels and advocates to get his son out of the jail at any cost and Hon’ble
High Court granted the Bail Application of Mr Aryan Shahrukh Khan. Everyone has
seen the pictures circulated of the team of advocates with the King Khan. But here
my question starts...
Though Hon’ble Justice Nitin W.
Sambre has passed a beautiful order but why has he not put any question or any
remark questioning about the Session Court Order. Why an innocent accused should
suffer till the matter reaches before Hon’ble High Court? I felt that I should write
about it and also wanted to know if other people feel the same? This should not
be treated as commenting something on judiciary but this is the moment where
certain things should be brought in general public.
After reading the bail order
passed by Hon’ble Justice Nitin W. Sambre, I really felt pitty about Aryan
Khan, his father Shahrukh Khan, his family members and well-wishers. If this
order is to be believed, Aryan Khan should have been given bail by learned Metropolitan
Magistrate.
The whole fraternity engaged in
judicial work knows that reaching before Hon’ble High Court is a time consuming
process and also for general public it’s an expensive task. So, in that case is
it not a responsibility/duty of an magistrate or session judge to look into the
piece of evidence brought before them before rejecting the bail application of
any such matter.
It is also surprising that
justice Nitin W. Sambre while passing his order has written that no peace of
evidence was found to connect the applicant i.e. Mr Aryan Shahrukh Khan with
conspiracy theory created by the prosecution. I am very sorry say this but he
has failed to pronounce a single word about a conduct of the investigating officer
or the order passed by the Session Court judge rejecting the same bail
application. If I need to ask that was it not the responsibility of the Hon’ble
High Court to pass some stricture about the order passed by the subordinate
junior court by virtue of which they improve their skill to pass correct order.
It is a well-known fact that
all the subordinate junior courts work under the guidance of higher courts. But
now day’s High Court hardly bother to elaborate the orders passed by junior subordinate
courts. It has also become settled law that bail applications are not appeal so
the order passed by subordinate court should not be discussed before the High
Court. Due to this approach of the Hon’ble
High Court, the numbers of applications are increasing day by day in High Court
and the general public languishing in already overcrowded jails for more trials
than they should actually stay in. It is sad that the trial courts, it may be
magistrate court or session courts which are the first forums where the accused
get chance to present his case but they don’t ask any questions regretting applicability
of sections inserted into the FIR. I feel that the time has come
where Hon’ble High Court should pass strict strictures against the lower court
judges and investigating agencies for illegally detaining people in general.
Here, it won’t be wrong to say
it here that this is not the first time that such order have been passed by the
Hon’ble High Court after it was rejected by the Session Court. I am sure each
and every advocate practicing in courts must have felt the same as I am feeling
today. Most of the advocates have started feeling that now the merit thing hardly
works in judiciary system. Either the Session Court judge doesn’t want to take
any blame on him by passing an order which has little technicalities also.
According to a report, till September
2018, 4.64 lakh cases were pending in Bombay High Court by this practice of
lower courts magistrates and judges, the numbers have increased to a peak level
and many common people are dying in judicial custody in hope of justice.
(Advocate Vedika Chaubey can be
reached at vedikachaubey@gmail.com)
