The Supreme Court has expunged certain remarks made by the Punjab and Haryana High Court against the Additional Advocate General of Haryana in a case related to the death of an undertrial during the pendency of bail application.
The Bench of Justice BV Nagarathna and Justice Satish Chandra Sharma castigated the High Court for passing a lengthy order, despite the demise of the petitioner.
Noting that the High Court’s observations against the AAG were wholly ‘unwarranted,’ the top court of the country said that the High Court should have disposed of the bail plea as infructuous after the death of the petitioner.
In view of the changing circumstances, the High Court could have disposed of the matter by recording the said fact. However, it proceeded to pass a lengthy order of about 26 paragraphs, said the Apex Court.
Apart from recording the fact that the petitioner in the said matter was since deceased, the High Court proceeded to make certain observations as against the State, which was represented by the Additional Advocate General, it added.
The Bench said in view of the facts and circumstances of the case, it found the observations made by the High Court ‘wholly-unwarranted’ and bordering on strictures.
The High Court had passed certain comments against Haryana AAG Deepak Sabharwal in a regular bail application, stating that certain incorrect and misleading submissions were made in the case.
The State of Haryana moved the Apex Court against these observations.
Legal representatives of the deceased bail applicant opposed the Special Leave Petition (SPL) filed by the Haryana government on the grounds that because of the misleading submissions, relief was denied at the appropriate time and the applicant died due to medical reasons.
The top court of the country, however, noted that the applicant was given medical treatment at PGIMER, Chandigarh. Setting aside the High Court order, the Bench expunged the adverse observations made against the AAG.
Earlier in February this year, the Apex Court had stayed the High Court’s comments.
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