Aishwarya Bhati, appearing for the state government, told the bench of Justice S.A. Bobde and Justice L.N. Rao that the state has decided to re-introduce the anticipatory bail provision in a modified manner.
Earlier, the top court had come down heavily on the state government for not putting before the Assembly the Code of Criminal Procedure (UP) Amendment Bill 2010 after it was sent back by the President on some technical grounds in September 2011.
In 2010, the Mayawati government had passed a law in the Assembly to provide for anticipatory bail, but the then President, while seeking some clarifications, had sent it back to the Governor in September 2011. Since then, the Uttar Pradesh government has not got the amended proposal passed in the Assembly.
The apex court is hearing a public interest litigation by advocate Sanjeev Bhatnagar seeking restoration of Section 438 of the Code of Criminal Procedure which provides for the grant of anticipatory bail to a person apprehending arrest.
The provision, the PIL said, was omitted in the state by inserting a section in the Uttar Pradesh Amendment Act, 1976, which came into effect from November 28, 1975. Bhatnagar has sought quashing of this provision on the grounds of it being violative of the Constitutional provisions.
The PIL has said the present situation deprived people of their constitutional right of equality before law. A larger public interest will be served if the court issued directions to the state government, the petitioner said.
Earlier, the Supreme Court had noted that "it is imperative to re-establish the provision for anticipatory bail to enable sessions courts as well as the Allahabad High Court to grant anticipatory bail."
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