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Supreme Court of India 2021-09-29 allowed

High Court of Judicature for Rajasthan vs State of Rajasthan & Anr

Bench: 2 — Aniruddha Bose, Unknown

In Brief

During the COVID-19 pandemic, a Rajasthan High Court Single Judge issued blanket orders: one prohibiting listing of bail and suspension-of-sentence applications as 'extreme urgent matters', and another directing police not to arrest persons in offences carrying sentences up to three years. The High Court appealed, arguing these encroached on the Chief Justice's administrative power. The Supreme Court allowed the appeal, holding that a Single Judge lacks jurisdiction to issue such sweeping administrative directives. The Court found these orders violated the fundamental right to liberty under Articles 14, 19, and 21 by blanket-restricting access to bail. Each case must be judged individually on its merits, not rejected by categorical direction. Bail jurisprudence treats bail as the rule and refusal as exception.

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Constitutional Law Criminal Procedure Bail and Detention Judicial Administration COVID-19 Pandemic Judicial Power and Jurisdiction Fundamental Rights

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