Expressing concern over the non-provision of anticipatory bail in Uttar Pradesh, the apex court on Monday (February 12) sought replies from the Centre. The court told the Centre to file replies within two weeks as what it wants to do with it.

The court while expressing resentment observed that when in 2010 the UP Assembly had passed the law to make arrangements for the provision of anticipatory bail and due to some technical reasons, the President didn’t approve then why the UP government didn’t get the proposal passed again in the assembly with amendment.

It must be noted that due to non-provision of anticipatory bail in Uttar Pradesh lots of arrests happen in those cases where the arrests are not needed.

The Uttar Pradesh government had amended the CrPC in 1976 to withdraw this provision in the state.

Earlier, a Supreme Court bench of Justices Markandey Katju and H K Sema had noted “that that it was imperative to reestablish the provision for anticipatory bail to enable the Sessions Courts as well as the Allahabad High Court to grant anticipatory bail”.

“An individual’s arrest on frivolous grounds violated his fundamental right and the absence of the provision was causing hardship as scores of false dowry harassment cases were being filed against innocent people,” the bench had noted.

—India Legal Bureau