Principle of collegiality among different Benches of Supreme Court and concern relating to power of ‘master of roster’

Recently, a division Bench of the Supreme Court, led by the Chief Justice of India (CJI) Dr D.Y. Chandrachud, passed an Order resulting in all proceedings based on the dictum in Ritu Chhabaria versus Union of India & Ors. (a progressive Order dealing with the right to default bail) being deferred by a coordinate Bench of the Supreme Court. The Order passed by the Bench led by the CJI is problematic, and has been criticised, among others, by the civil society watchdog, the Campaign for Judicial Accountability and Reforms. Important questions, of propriety, the issue of intra-court appeal before the Supreme Court, and the convention practice of the Supreme Court, have been raised. Here is an analysis of what is threatening to be a trend rather than an aberration.

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What has been the controversy relating to the Ritu Chhabaria judgment?

LAST month, a division Bench of the Supreme Court comprising Justices Krishna Murari and C.T. Ravi Kumar gave a detailed judgment in the case of Ritu Chhabaria versus Union of India & Ors. on the seminal issue of personal liberty under Article 21 (right to life and personal liberty) of the Constitution and the right to default bail under Section 167(2) of the Code of Criminal Procedure (CrPC). The judgment, in essence, put a restriction on the power of the State and tricks used by investigating agencies to frustrate the purpose of law, thus resulting in continued violation and breach of an accused's fundamental rights to secure fundamental liberty.