Covid-19 lock-down directives by Government cannot take away right to personal liberty

Right of accused to personal liberty by means of default bail does not stand eclipsed under lock-down directives issued by Government or any directives issued by High Court.

Right of personal liberty is an indefeasible right which for purposes of its enforcement remained unaffected during lock-down period and the courts of law on account of closure pursuant to the directives issued by the Government or the High Court were nevertheless duty bound to deal with remand matters as per the provisions of Circulars regulating holiday practice. Selective role which the courts have played in adjudicating matters deserves to be condemned. Mass disaster or Pandemic may severely obstruct our life and governing systems in many ways but the doors of the Courts of law must remain open for protection of Art. 21 of Constitution of India. Right of personal liberty under Art.21 of Constitution is an enjoyable right for which the plea of default bail unfettered by procedure must yield immediate release.

Investigation in case of accused was complete with filing of charge sheet and right of default bail undoubtedly accrued to him. In such case right of personal liberty of accused cannot stand eclipsed under lock-down directives issued by Government or any directives issued by High Court,

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