High Courts

Punjab and Haryana High Court: Initiating suo- motu proceeding against self- styled Godman Ram Pal, the Court cancelled his bail granted by this Court on 02.04.2008 on grounds of misuse of the concession of bail by showing his muscle power via his followers to terrorize the administration and thwart the judicial proceedings against himself. The Court further passed the orders to arrest Ram Pal.

According to the facts Ram Pal had been accused of murder committed in 2006 during an armed clash between his followers and members of another ashram but was granted bail by the Court. Since then the accused has misused this concession rampantly by making it a point to threaten the Judiciary and evade appearance during the trials for a record 42 times. While the counsel for the accused K.D.S. Hooda argued vehemently that the accused has done nothing to hinder the trials and threaten and tamper the witnesses and evidences. But Anupam Gupta Amicus Curiae, put forth the argument that the behaviour of the accused in misusing the Bail will send out a wrong message to the public, therefore the very image of the Judiciary is at stake.

Observing the arguments and taking judicial notice of the recent clashes between the Police and the followers of the accused, the Court lashed out strongly on the accused’s defiance to evade arrest and most importantly to unnerve and terrify the judicial system. Citing several Supreme Court decisions, the Court stated that a High Court has the authority to take suo motu action under Section 439(2) of CrPC for cancellation of bail order where an accused is trying to delay the proceedings or misuse the concession or has created serious law and order problem. Observing the dilatory tactics of Sant Ram Pal, the Court stated that such an accused shall forever evade appearance and it will be a mockery of justice to let the accused to enjoy the concession of bail. Court on its Own Motion v. Ram Pal