The Union government on Monday, April 1, requested the Supreme Court to constitute a three-judge bench so as to consider its application to recall its recent landmark judgment in Ritu Chhabaria vs Union of India, delivered by a division bench of Justices Krishna Murari and C. T. Ravi Kumar on April 26.   

In this case, the Supreme Court held that the accused has a fundamental right to default bail which cannot be scuttled by the prosecution by filing supplementary chargesheets before completing investigation.

The Code of Criminal Procedure (CrPC) does not empower continued remand to custody beyond 60 days if the investigation is still in progress. The bench made it clear that a supplementary chargesheet, wherein it is explicitly stated that the investigation is still pending, cannot under any circumstance, be used to scuttle the right of default bail. 

A bench of the Chief Justice of India D.Y.Chandrachud and Justice J.B. Pardiwala agreed to consider the government’s Recall Application in Ritu Chhabaria by constituting a three-judge bench. Solicitor general Tusha Mehta contended that many high courts have already started relying on Ritu Chhabaria to release the accused on default bail, and that the judgment, therefore, has to be recalled in view of the practical difficulties in completing investigation before filing chargesheet.

The CJI, however, did not find merit in Mehta’s suggestion that the judgment in Ritu Chhabaria may be immediately kept in abeyance, saying it is “far-fetched”, as a judgment of the court, cannot be stayed in the interim period before the consideration of the recall  application, as sought by him.

Observers are concerned that the practice of filing recall applications by the government, in lieu of invoking the Supreme Court’s review jurisdiction after the pronouncement of a judgment, citing urgency and problems in implementation, would set a wrong precedent.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.