HC verdicts on bail cannot be precedent in any court: SC

The top court, however, refused to stay the verdicts early this week on an appeal by the Delhi police. “It is surprising that in a bail application, there is 100-page judgement discussing the entire law. That is what is troubling us. “There are many questions which arise as legality of the UAPA was not challenged before the high court. These were bail applications,” it observed.

The issue of reading down of UAPA (Unlawful Activities (Prevention) Act) is “important” and can have “pan-India ramifications”, said a vacation bench of Justices Hemant Gupta and V Ramasubramanian, adding this law will require interpretation by the apex court. “In the meantime, the impugned judgment shall not be treated as a precedent and may not be relied upon by any of the parties in any of the proceedings.

It is clarified that the release of the respondents (Narwal, Kalita and Tanha) on bail is not being interfered at this stage,” the bench said in its order. “Issue notice,” it said, adding, “Let the counter affidavits be filed within four weeks. List in the week commencing July 19, 2021 on a non-miscellaneous day”. Taking note of Solicitor General Tushar Mehta’s submission that the entire UAPA has been “turned upside down” by the high court, the bench said, “The issue is important and can have pan-India ramifications”. “We would like to issue notice and hear the other side,” it added.