Bail To Unitech Promoters: Supreme Court Pulls Up Delhi HC, CMM-Says 'Shocking Exercise Of Judicial Power, Breach Of Judicial Discipline'

The Supreme Court on Thursday pulled up Delhi High Court and a Chief Metropolitan Magistrate for going over its head in entertaining the bail applications of Unitech promoters Ajay and Sanjay Chandra, when the apex court had categorically denied them bail in August last year. "Prima facie, at this stage, we are of the view that the manner in which the accused were granted liberty by the Delhi High Court to move the Metropolitan Magistrate for the grant of bail and the order of the Metropolitan Magistrate are a shocking exercise of judicial power and a breach of judicial discipline", expressed the bench. The bench recorded that the order of the Chief Metropolitan Magistrate dated 13 January 2021 contains the submission of counsel for the accused that an amount in excess of Rs 750 crores was deposited with the Registry of this court and that there was no embargo placed by the top court on granting bail to the accused. "Prima facie, at this stage, we are of the view that the manner in which the accused were granted liberty by the Delhi High Court to move the Metropolitan Magistrate for the grant of bail and the order of the Metropolitan Magistrate are a shocking exercise of judicial power and a breach of judicial discipline.In the teeth of the observations of this Court, we find that the conduct of the accused in moving an application for withdrawal before the Delhi High Court with liberty to move the Magistrate for bail and seeking regular bail before the Metropolitan Magistrate is an overreach of the jurisdiction of this Court", said the bench. Mr Mukul Rohatgi, senior counsel appearing on behalf of the accused submitted that the Special Leave Petitions before this Court originated in the order of the Delhi High Court declining to grant interim bail.