'Unusual, disturbing': Lawyers' boycott makes man stay in jail despite bail

New Delhi witnessed an unusual and disturbing situation when a man accused of abetting a suicide remained in jail despite being granted bail by the Supreme Court. The lawyers representing the accused refused to proceed with the trial court in Baghpat, Uttar Pradesh, where the order to release the man was to be passed. This refusal led to the accused spending an additional one and a half months in jail, which was deemed illegal detention by the court.

The Supreme Court bench of Justices J B Pardiwala and Manmohan directed the jail superintendent to release the man immediately upon obtaining a personal bond of Rs 10,000 from him. The court emphasized that the deliberate creation of a hostile atmosphere within court precincts by the local bar association prevented the filing of surety bonds, constituting constructive frustration and subversion of the regular bail order.

The petitioner, representing the accused, sought transfer of the trial out of the state, alleging that the local legal ecosystem, police machinery, and bar had formed a hostile front against the accused, raising concerns of bias in a fair trial. The court directed the UP government to compensate the accused for his illegal detention and called upon the state to justify why appropriate compensation should not be awarded for the unjustified delay in release, considering the court's order to release him one and a half months prior.