New Delhi: The Supreme Court was moved Tuesday seeking restoration of the provision for anticipatory bail in Uttar Pradesh which was taken away way back in 1975 during the Emergency.
The PIL filed by advocate Sanjeev Bhatnagar sought the restoration of Section 438 of Code of Criminal Procedure which provides for the grant of ball to a person apprehending arrest.
The said provision, the PIL said, was omitted in Uttar Pradesh by inserting Section 9 in Uttar Pradesh Amendment Act, 1976 which came into effect from Nov 28, 1975.
Bhatnagar has sought the quashing of this provision on the grounds of its being “invalid, illegal and ultra vires of the constitution”.
The PIL said the Uttar Pradesh government’s inaction in restoring the provision of anticipatory bail in the state was causing immense hardship to the people besides depriving them of their legal and constitutional right to equality before law.
The PIL recalled that in 2008, then then apex court judge Justice Markandey Katju in a suo motu recommendation had asked the state government to bring an ordinance for restoring section 438 of the Cr.P.C. to provide for anticipatory bail.
It recalled that on several occasion the apex court had pointed to serious consequences of omitting the provision of anticipatory bail on the Allahabad High court as it is burdened with a large number petitions under section 482 of the Cr.P.C. invoking its (high court) inherent powers for the quashing of FIR and criminal proceedings.
Seeking the restoration of provision for anticipatory bail, the PIL has said that the larger public interest would be served if apex court issues directions to Uttar Pradesh government to that effect.
The fundamental rights of the people of Uttar Pradesh should not be allowed to be violated any further as they have already suffered the denial of the right to anticipatory bail for last 39 years which is available to the people in the rest of the country, said PIL by Bhatnagar.