Don’t keep filing bail pleas online for same accused, says judge

The judicial services were completely shut down when the Union government imposed the nation-wide lockdown to prevent the spread of coronavirus and asked the advocates and petitioners to approach them via e-mail for urgent hearings.

“Posting bail applications for the same accused one after another through e-mail is highly deprecated. It causes hindrance in processing the chances of granting interim bail,” said the district judge in a circular. Noting that the bail application sent through e-mail is kept pending for consideration, the judge said, “Reply to every mail is not possible due to lack of supporting staff. Urgent bail applications are entertained only on special reasons. In all remand cases, remand has been extended till April 30.” But advocates claim that there is no clarity from the judiciary regarding the petitions and what are the ‘special reasons.’ 

A city-based lawyer V Kannadasan said, “There is no clarity from the judiciary regarding the online bail applications and criteria for urgent hearings. Advocates have been sending the applications to the mail, at least an acknowledgement should be provided. We have no idea whether they received the e-mail or not, so we are forced to send it again.”

Another lawyer said, “In Tiruvallur and Chengalpattu courts, it was easy to apply for bail petitions and we get a reply within 24 hours. If there is any shortage of staff, the district judge could ask the staff from various courts on rotation basis. It is not acceptable to say lack of staff and petitions would be entertained only on special reasons.”

It may be noted that as soon as the lockdown was announced, the state judiciary permitted release of hundreds of accused for petty offences and they were released on their bail from prisons.