The Supreme Court of India has recently taken decisive steps to ensure greater transparency and accountability in bail proceedings. The court has mandated that individuals seeking bail must disclose their criminal history to the court, a move aimed at providing judges with a comprehensive understanding of the applicant's background. This directive is intended to prevent the suppression of crucial information and ensure that bail applications are not decided in isolation from an accused's criminal antecedents.
In a significant order, a bench of Justices Dipankar Datta and Manmohan expressed concern over a growing trend of individuals seeking bail or protection from arrest without disclosing their involvement in other criminal cases. The court emphasized that such omissions mislead the judiciary and can delay justice. To address this issue, the Supreme Court has directed that every person moving the court with a Special Leave Petition (Criminal) against orders denying them bail or anticipatory bail must disclose in the synopsis whether they have clean antecedents or any knowledge of being involved in a criminal case.
The Supreme Court has made it clear that failure to comply with this mandatory disclosure requirement will have serious consequences. If the disclosure is found to be incorrect, the special leave petition is liable to be dismissed. The court has emphasized that it will not tolerate attempts to be "taken for a ride" and that suppressing criminal history undermines the sanctity of proceedings before the highest court.
In a related development, the Supreme Court has advised all High Courts across the country to adopt a uniform rule mandating that bail applicants must disclose their criminal antecedents and provide details of any previous bail applications filed before any court. A three-judge bench comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta issued the advisory, urging High Courts to emulate Rule 5 of Chapter 1-A(b), Volume-V, of the Punjab & Haryana High Court, which governs bail applications. This rule requires bail applicants to clearly state whether any similar application has been filed before the Supreme Court and to disclose whether they are or were involved in any other criminal case, along with relevant details and outcomes.
The Supreme Court has emphasized the importance of such a rule for ensuring transparency and aiding judicial decision-making in bail matters. The court has directed that a copy of the judgment be forwarded to the Registrar Generals of all High Courts for immediate consideration and adoption of similar provisions in their respective rulebooks. By introducing this mandatory disclosure regime, the court seeks to reclaim the integrity of bail proceedings and ensure that the constitutional right to liberty is not misused under the veil of omission and misrepresentation.
The move towards mandatory disclosure of criminal history in bail applications reflects a growing concern within the judiciary about the need to balance individual rights with the interests of justice and public safety. The Supreme Court has observed that the right to personal liberty, guaranteed under Article 21 of the Indian Constitution, must be carefully balanced against the need for transparency and accountability in judicial proceedings. By requiring full disclosure of criminal antecedents, the court aims to provide judges with the information necessary to make informed decisions about bail, ensuring that individuals with a history of criminal behavior are not granted bail in a manner that could pose a risk to society.
