‘What’s troubling us is…’ Supreme Court pulls up Karnataka HC on actor Darshan bail
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‘What’s troubling us is…’ Supreme Court pulls up Karnataka HC on actor Darshan bail
The Supreme Court on Thursday reserved its order on the plea filed by the Karnataka government challenging bail granted to actor Darshan. The top court also reprimanded the high court for its bail order and called it a “perverse perverse prima facie exercise of discretion” Last Thursday too, the Supreme Court questioned the latter’s decision to grant bail and observed that the court appeared to be ‘panting for reasons’ to release the accused. The Supreme Court was also informed by the counsel of the state of Karnataka that the trail court will complete the trial in the case within six months as it will be held on a day to day basis.
The top court also reprimanded the high court for its bail order and called it a “perverse perverse prima facie exercise of discretion”, reported Live Law.
Clearly irked by Karnataka high court’s grant of bail to actor Darshan, a bench of Justice JB Pardiwala and Justice R Mahadevan told the counsel of one of the primary accused that they would not commit the same mistake as the high court of giving “judgement for conviction or acquittal”.
The top court expressed concerns over the language used in the high court’s bail order to actor Darshan, saying that it basically handed over an order of acquittal.
“In a lighter vein, don’t you think the High Court has basically dictated an order acquittal of all seven?” Justice Pardiwala asked, the Live Law report said.
“The manner in which the High Court has dictated the order, very sorry to say, but does the High Court dictate same type of orders in all bail applications? What is troubling us is the approach of the High Court! Look at the manner in which bail application is [dealt] and in the last, and says he says grounds of arrest not assigned in 302 matter?!”
“!That is the understanding of the learned judge? And that too from the High Court? We can understand a session judge committing such mistakes. A High Court judge committing such a mistake?” he added.
The Supreme Court was also informed by the counsel of the state of Karnataka that the trail court will complete the trial in the case within six months as it will be held on a day to day basis. To this as well, the apex court questioned why this particular case needed daily proceedings.
“Why should you do on day to day basic for this matter? There must be undertrial prisoners languishing in jail for 5-7 years waiting for their trial to commence,” Justice Pardiwala.
Also read: SC questions HC for ‘panting for reasons to release’ Darshan
This is the second time the Supreme Court pulled up Karnataka high court over its bail order for actor Darshan. Last Thursday too, the Supreme Court questioned the latter’s decision to grant bail and observed that the court appeared to be “panting for reasons” to release the accused.
“That part where the high court is panting for reasons to release him on bail… that somehow they have to find something to release these people on bail. It is about the manner in which the high court has decided the case,” the bench remarked during the hearing.