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Supreme Court bench of Justice Sanjay Kishan Kaul and MM Sundaresh today ordered the registry to register a suo motu petition to examine the issue with respect to the disposal of appeals of convicts who are languishing in jails of Uttar Pradesh over a decade owing to the pendency of their appeals before the Lucknow bench of Allahabad High Court.

The court also directed that all the pending bail applications before it be transferred to Allahabad HC for consideration so that the issue of bail be decided as opposed it being clubbed with the larger issue pending before the court.

Justice Sundaresh while hearing these petitions remarked that keeping the suspension of sentence application pending for prolonged periods of time is a direct violation of Article 21 of the Constitution.

Garima Prasad, Additional Advocate General of UP, asked the court to remand these matters back to the High Court, however, Senior Advocate Viraj Datar who appeared for the petitioner remarked that, “if the only good thing the petitioner have committed is to bring this issue before the court for consideration, then let it not be transferred before the High Court.”

Justice Kaul remarked that there are many big and small high courts that are handling criminal appeals effectively, this problem pertains to Allahabad High Court more specifically to the Lucknow Bench. Justice Sundaresh recollected that while Justice Kaul was the chief justice of Madras High Court, preference was given to criminal appeal and there were only 15 appeals pending at any point in time.

On the last date of hearing, the court had asked the HC to file an affidavit in relation to this issue.

However, on perusing the affidavit of the HC, Justice Kaul remarked that the “suggestions will make exercise of grant of bail cumbersome.”

The court further held that If an appeal is pending before HC and if the convict is served 8 years, in most cases bail will be the rule subject to some exceptions. Despite this case aren’t coming up. And the court is  not clear about how long it will take to get it listed. The court directed  that the High Court  must explore whether all case where convicts have undergone 8 years and consider bail.

The court remarked that the convicts must have the opportunity to approach the HC prior to approaching the SC and in the absence of a mechanism to it being listed, they approach SC directly. The court granted 4 weeks time  to HC to file an affidavit about a proposed mechanism for listing .

The matter, which has now been converted to a suo motto petition will now be listed before the court on 16.11.2021