The Bombay High Court emphasized on Tuesday the urgent need for lower courts to promptly resolve anticipatory bail applications to safeguard the liberty of citizens. Justice Sandeep Marne expressed frustration with the Kalyan sessions court in Thane district for its slow handling of the pre-arrest bail plea of Waman Mhatre, a local Shiv Sena leader associated with Eknath Shinde.
Mhatre, accused of making derogatory comments against a woman journalist during recent protests in Badlapur over the sexual abuse of two kindergarten girls, had sought anticipatory bail on August 22. His plea, however, remained unheard, prompting him to appeal to the high court for relief. His application for interim protection was also overlooked, with the sessions court repeatedly adjourning his plea, now set for hearing on August 29.
Justice Marne mandated that the sessions judge resolve Mhatre’s application on the designated date without further delay and report the status to the high court’s registry that same evening. “When the question of liberty of a citizen is involved, it is necessary that applications for pre-arrest bail are taken up and decided either finally or at least for grant of interim protection in an expeditious manner,” Justice Marne remarked, highlighting the importance of swift judicial responses in matters affecting personal freedom.
The high court’s directive reflects its broader concern over the undue burden placed on higher judiciary when lower courts delay decisions on such critical matters. “If lower courts do not decide such matters, then the high court is burdened with them. They should decide. The problem is that a decision is not taken,” the high court stated.
During the proceedings, Mhatre’s advocate requested at least an oral assurance from the police that no coercive action would be taken against him until the sessions court decides on the plea. The additional public prosecutor assured, “nothing will happen.”
