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The Single Judge Bench, comprising Justice Arvind Singh Sangwan, of the Panjab and Haryana High Court, on Tuesday 12th January 2021, ordered a unique imposition in the matter of Amarjit Singh and Ors. v. State of Punjab and Anr. (CRM-M No.40506 of 2019 (O&M)). The Court issued this order against the Additional Sessions Judge I, Ludhiana, and Judicial Magistrate Ist Class, Ludhiana.
The Court ordered the Additional Sessions Judge to submit a written report on the ambit of anticipatory bail, under Section 438 of the Code of Criminal Procedure, after having read at least ten judgments delivered by the Supreme Court of India on the matter of granting anticipatory bail. The Court directed the Additional Sessions Judge that this report must be submitted to the Director of the Chandigarh Judicial Academy within a time period of 30 days.
The Court further stated that the reading list of the Additional Sessions Judge must include the judgments delivered by the Constitution Bench in the cases of Gurbaksh Singh Sibia v. the State of Punjab and Sushila Aggarwal v. State (NCT of Delhi). The Court recognized that the Additional Sessions Judge failed to recognize the mistake committed by them in the course of justice and that they failed to recognize and exercise the jurisdiction vested with them by the Constitution of India. The Court also stated that the Court of the Additional Sessions Judge failed to provide relief to the petitioners even though they had been tormented for 15 years for a crime they did not even commit.
They also admitted the blatant disregard for justice shown by the Additional Sessions Judge in dismissing the petition for disposal of the protest petition brought to the court by the petitioner, and addressed the despicable condition prevailing in the lower courts even after the sessions held by the Judicial Academies on the matter of real and substantive justice.
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