Criminal Procedure Code

Jasbir Singh v. State of Punjab

Criminal Appeal No. 1039 of 2006, decided 11 October 2006

Facts

Jasbir Singh was prosecuted for offences involving:
forgery;
conspiracy;
breach of trust;
and the Prevention of Corruption Act.
He was arrested and remained in judicial custody.
A bail application was pending before the Sessions Judge.
During an annual inspection, an Administrative or Inspecting Judge of the Punjab and Haryana High Court visited the jail.
Jasbir Singh submitted a bail petition directly to the Judge.
During the inspection, the Judge recorded that:
a similarly placed co-accused had received bail;
Jasbir had spent several months in custody;
and the Sessions Judge should enlarge him on bail.
The Sessions Judge initially rejected the pending application but granted bail the following day after the inspecting Judge’s direction was brought to his attention.
A complaint alleging impropriety was made to the Chief Justice.
The matter was then placed before the same High Court Judge on the judicial side, and the bail order was set aside.
Jasbir Singh appealed to the Supreme Court.

Can a High Court Judge grant or direct grant of bail during an administrative jail inspection?
Do Articles 227 and 235 permit an inspecting Judge to interfere in an individual judicial case?
What may an inspecting Judge properly do with petitions received from prisoners?

Bail is a judicial determination governed by:
the CrPC;
the relevant special statute;
hearing of the prosecution;
examination of the record;
and reasoned exercise of jurisdiction.
Article 227 gives the High Court supervisory power to keep subordinate courts within the bounds of their authority.
Article 235 gives the High Court administrative control over the subordinate judiciary, including:
posting;
promotion;
discipline;
and service control.
Neither provision permits a High Court Judge acting administratively to:
decide an individual bail application;
dictate the outcome;
or direct a subordinate Judge to pass a particular judicial order.
Judicial work in the High Court must be undertaken according to:
the roster;
and assignment made by the Chief Justice.
An inspecting Judge may:
receive complaints;
note systemic delay;
and forward petitions to the proper court or Registry.
The Judge must not comment on the merits in a manner that binds or pressures the competent court.

The inspection visit was administrative, not a properly constituted judicial sitting.
The prosecution had not been formally heard through the procedure applicable to bail.
Police officers present during inspection could not be treated as a substitute for a properly instructed Public Prosecutor.
The direction to “enlarge him on bail” left the Sessions Judge with little practical independence.
This was particularly evident because:
the Sessions Judge first rejected bail;
but changed the outcome immediately after the High Court Judge’s direction was shown.
The Supreme Court emphasised that independence of the judiciary includes independence of subordinate Judges from pressure by superior Judges.
Administrative control is intended to strengthen the judicial system, not decide individual cases indirectly.
Even a benevolent concern about undertrial detention cannot justify bypassing statutory procedure.
The Inspecting Judge could have forwarded the application for urgent listing without expressing any opinion.
Because the accused had already been released, the Supreme Court found it unnecessary to pass a fresh custody direction in the individual matter.

The Supreme Court strongly disapproved the practice of granting or directing bail during inspections.
It held that an Inspecting Judge:
cannot perform judicial work during administrative inspection;
cannot direct a subordinate court to decide bail in a particular manner;
and may only forward the petition to the appropriate judicial forum.
Judicial matters must be heard by the court or Bench authorised under law and the Chief Justice’s roster.
The appeal was disposed of without disturbing the existing release because Jasbir Singh had already been enlarged on bail.