SC pulls up authorities for delaying release of Andhra man despite bail orders

New Delhi: In an interesting development, the Supreme Court has pulled up a sessions judge and jail authorities in Nelore Andhra Pradesh for delaying the release of a prisoner due to the judge "not properly understanding the bail orders issued by the apex court". A bench Justice UU Lalith, Justice S Ravindra Bhat, Justice PS Narasimha, and Justice Sudhanshu Dhuliya on Monday while hearing the bail petition of Gopishetti Harikrishna, who is serving a nine-year sentence in the Nellore Central Jail for domestic violence and murder of his wife, said that they did not understand "what kind of training the judge had received at the Judicial Academy".

Justice U.U. Lalith said they wanted to know who the gentleman was. On September 28, 2020, the Supreme Court ordered that Harikrishna be produced in the trial court within three days and granted bail. The court orders were not implemented. Harikrishna was finally released on the 20th of last month. The apex while recalling the case timeline, said, "It is unfortunate that such people are leading the courts."

"The victim had to stay in jail for two years due to the attitude of the judge even though the court granted bail. Given the attitude of the officer, it seems that the Supreme Court judges need to be trained," the court said. The apex court has sought an explanation from the police and jail authorities over the delay in the release of the prisoner.

The Nellore Central Jail Superintendent said that they "received the bail order late and were not able to move the inmates with Covid sanctions after that". "We are surprised that the trial court understood that the petitioner had no right to bail after three days," it added. The apex court has asked the relevant magistrate to seek explanation on the issue and that administrative action be taken against the erring officials.

"A mechanism should be set up for the examination of such matters. The High Court should report on how many bail orders issued by the Supreme Court are still pending. Such cases should be brought before the concerned court within the next month and those who are not released on bail should be relieved," Justice Lalith ordered. The Andhra High court has been directed to submit the details within six weeks. Next hearing in the matter is on July 11.