New Delhi, Sep 10 (IANS) The Supreme Court has issued notice to the Kerala High Court, through its Registrar General, over the practice of litigants bypassing the sessions court and moving the High Court directly for anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS). A bench of Justices Vikram Nath and Sandeep Mehta observed that while concurrent jurisdiction exists, bypassing the sessions court could undermine judicial hierarchy and "the High Court would be flooded with a spate of pre-arrest bail applications". 

"The hierarchy of courts demands that no person seeking such remedy should be encouraged or allowed to directly approach the High Court for exercising jurisdiction under Section 482 of the BNSS (formerly, Section 438 CrPC) by bypassing the jurisdiction of the concerned sessions court," the Justice Vikram Nath-led bench observed.  It emphasised that sessions judges are better positioned to initially handle anticipatory bail pleas.  "The sessions judge exercises powers under Section 438CrPC in relation to all cases registered with the police stations in the particular district. This area-wise distribution of work would make it much more convenient and facilitate expeditious disposal, if the application for pre-arrest bail is first filed before the sessions court, which would have a direct and first-hand assistance of the concerned Public Prosecutor," the apex court said. 

The sessions court would also have an immediate access to the police case diary, thereby facilitating a better appreciation of the facts of the case, it added.  The bench also flagged systemic concerns if High Courts directly entertained pre-arrest bail pleas. "If the practice of entertaining the applications for pre-arrest bail directly in the High Court is encouraged... the High Court would be flooded with a spate of pre-arrest bail applications, thereby creating a chaotic situation," the order cautioned. 

It, however, clarified that the High Court is not entirely barred from entertaining anticipatory bail pleas directly.  "This is, of course, subject to just exceptions and the High Court, for reasons to be recorded, may entertain an application for pre-arrest bail directly in special/extraordinary circumstances," the Justice Nath-led Bench observed. Issuing notice to the Kerala High Court through its Registrar General, the apex court sought its response on the issue and listed the matter for consideration on October 14. It also appointed senior advocate Sidharth Luthra as amicus curiae, assisted by advocate G. Arudhra Rao, to assist the top court.