SC Declares Article 21 as the Heart of the Constitution, Emphasizing the Paramountcy of Citizen Liberty

New Delhi, March 2: In a significant statement, the Supreme Court declared Article 21 as the cornerstone of the Constitution, emphasizing the paramount importance of a citizen’s liberty. The court expressed concern over delays in the Bombay High Court’s adjudication of matters related to personal liberty, citing the recent case of Amol Vithal Vahile, a prime accused in a murder case.

Justices B R Gavai and Sandeep Mehta, in a recent order, highlighted that the High Court’s decision to grant bail to Vahile, following the Supreme Court’s intervention on January 29, underscored the need for timely resolution of such matters. The bench noted that, prior to the apex court’s intervention, the high court had deferred the bail application without addressing its merits.

The court asserted that Article 21, safeguarding the liberty of citizens, is the soul of the Constitution. Failure to promptly decide matters pertaining to personal liberty and deflecting them on procedural grounds could deprive individuals of their fundamental rights under Article 21.

Expressing concern over prolonged delays in bail and anticipatory bail cases in the Bombay High Court, the bench cited instances where applications were not decided for over four years. It called for a more expeditious resolution of such matters and urged the Chief Justice of the Bombay High Court to convey this request to all judges handling criminal jurisdiction.

The Supreme Court directed the Registrar (Judicial) to communicate this order to the counterpart in the Bombay High Court, ensuring it reaches the Chief Justice for immediate attention.

The court revisited Vahile’s case, where the High Court, on March 30, 2023, had directed him to seek regular bail from the trial court, despite acknowledging his prolonged incarceration. The Supreme Court criticized this approach, emphasizing that the High Court’s failure to decide on the merits amounted to a non-exercise of jurisdiction.

The top court, on January 29, had instructed the High Court to reconsider Vahile’s bail plea, considering his extended period of custody exceeding eight years. Vahile is the main accused in the 2015 murder of Avinash Tekawade, a corporator in the Pimpri-Chinchwad Municipal Corporation in Maharashtra. The police had alleged professional rivalry as the motive behind the crime, with Vahile arrested on September 4, 2015, a day after the murder.