The Supreme Court has taken exception to the practice of division benches of Calcutta High Court hearing anticipatory bail and regular bail applications instead of single-judge benches, as is the norm.
The apex court has sought an explanation from the registrar (judicial) of the high court about the practice and data related to the number of anticipatory bail and regular bail applications before the high court in 2024.
The bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan referred to the “huge filing and pendency of the bail applications” and questioned the rationale of engaging two judges to hear each such petition.
The bench passed the order on January 27 while dealing with a bail application filed by Mahatab Ali challenging an order of a division bench (made of two judges) of Calcutta High Court rejecting his bail application.
The top court expressed surprise at the practice followed by Calcutta High Court of listing bail and anticipatory bail matters before division benches when such cases are heard by single-judge benches in all other high courts of the country.
Accordingly, the top court issued the following order while scheduling the next hearing for February 28.
“Issue notice, returnable on 28th February, 2025. We find from SLP which arise out of orders on bail applications filed before the High Court of Calcutta that regular bail applications and anticipatory bail applications are being heard by Division Benches.
“When there is a huge filing and pendency of the bail applications, we wonder why regular bail applications and anticipatory bail applications are being heard by the Division Bench of this High Court especially when in case of all other High Courts, the bail matters are being heard by the learned Single Judges.
“The question is whether two Hon’ble Judges of the High Court should be devoting time for dealing with regular bail applications.
“We, therefore, direct the Registrar (Judicial) of the High Court of Calcutta to place on record a report why regular bail applications/anticipatory bail applications are being heard by the Division Bench.
“He is directed to furnish the data of bail applications and anticipatory bail applications filed in 2024 and pendency of such applications as of today. Liberty is granted to serve the learned standing counsel for the respondent-State, in addition.”