According to Live Law, the Supreme Court on Tuesday stayed an Allahabad High Court order that stated that fear of death due to the Covid-19 pandemic is a legitimate ground for anticipatory bail.
“The courts do not accept the observations when deciding bails,” a vacation bench of Justices Vineet Saran and BR Gavai said, “and they shall consider the case on facts and circumstances.”
Senior Advocate V Giri was also named as an amicus curiae to aid the court’s decision on the broader question of whether Covid-19 can be used as a basis for anticipatory bail.
The order comes after the Supreme Court heard arguments from Solicitor General Tushar Mehta, who was representing the state of Uttar Pradesh, which had petitioned the court to overturn the High Court’s “sweeping observations.” According to the state, the claimant for anticipatory bail had 130 court cases pending against him. The bench then ruled that the Allahabad High Court decision could not be used as a precedent for anticipatory bail, asking courts to consider the facts and circumstances of each case individually.