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>EPR bail prayers to be heard on 3 grounds

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>A full text judgment of the Supreme Court (SC) on Wednesday published observed that the High Court (HC) may consider bail petitions in cases filed under the Emergency Power Rules (EPR), on three grounds. (Read full report)
According to the SC observations, the HC may entertain petitions for bail in cases filed under EPR if they are filed with mala fide intentions, on suspicion, or with a court which does not have jurisdiction over the matter.
The SC earlier on April 23 this year delivered a judgment only saying, “The appeal is allowed,” in light of a government petition challenging an HC verdict that it has jurisdiction to hear bail petitions in cases filed under EPR.
Following the earlier SC judgment, hearings of bail petitions in the HC have been suspended.
The latest SC judgment, however, still allows the government’s appeal against the HC judgment, while setting aside the HC judgment with seven point observations allowing it to hear, on three grounds, bail petitions in cases filed under EPR.
Legal experts termed the latest SC judgment as ‘self-contradictory’, as the apex court set aside the HC judgment while empowering the HC to grant bail on three grounds.
They also urged the SC to make its judgment more clear with specific directions.


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