Supreme Court Rules Amended: Bail Applications and Transfer of Cases Can Be Heard and Disposed of by a Single Judge

The Supreme Court of India has by notification dated 17th September, 2019 amended few Supreme Court Rules, 2013 in exercise of the powers conferred by article 145 of the Constitution.

A proviso has been inserted in Order IV, in rule 1 in clause (c) after the proviso which states that whenever an advocate registered with any State Bar Council maintained under the Advocates Act, 1961 (25 of 1961) wants to appear and argue the case in person, he shall be exempted from the requirement of interaction by the concerned Registrar.

Another amendment states that matters concerning Special Leave Petitions with respect to bail applications and transfer of cases can be heard and disposed of by a Single Judge nominated by the Chief Justice.

“Provided that the following categories of matters may be heard and disposed of finally by a Judge sitting singly nominated by the Chief Justice:

(i) Special leave petitions arising out of grant, dismissal or rejection of Bail Application or Anticipatory Bail Application in the matters filed against the order passed under section 437, section 438 or section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) involving the offences punishable with sentence up to seven years imprisonment;

(ii) Applications for transfer of cases under section 406 of the Code of Criminal Procedure, 1973 (2 of 1974);

(iii) Application of an urgent nature for transfer of cases under section 25 of the Code of Civil Procedure, 1908 (5 of 1908);

(iv) Any other category of cases notified by the Chief Justice from time to time, which may be heard and disposed of finally by a Judge sitting singly nominated by him.”

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