The Supreme Court has issued a directive to all courts, instructing them to ensure that litigants seeking bail do not mislead the court by withholding information. The ruling, given by Justices Vikram Nath and Rajeev Bindal, came in response to a case in which the Odisha High Court granted bail to Kusha Duruka under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, while the Supreme Court was still considering his appeal against a previous denial of bail by the same high court.
Duruka, arrested for possession and transportation of 23.8 kg ganja in February 2022, had his initial bail plea rejected by the trial court and subsequently by the Odisha High Court on March 3, 2023. Despite this, the High Court granted him bail on October 11, 2023, prompting the Supreme Court to investigate. The Court discovered that Duruka had concealed the pendency of his appeal before the Supreme Court, leading to an order for a report from the state government.
Expressing concern over the degradation of moral values in society, the Supreme Court emphasized the importance of truth in the justice system. The court condemned litigants who engage in falsehood, misrepresentation, and suppression of facts, stating that such actions amount to playing fraud with the court.
To address this issue, the Court mandated that every bail application must disclose details of earlier bail pleas by the same petitioner, along with information about any pending proceedings. The court required a clear statement if no bail application is pending. The judgment aimed to streamline legal proceedings, prevent anomalies in bail applications during ongoing trials, and maintain transparency.
Although critical of Duruka’s conduct, the Court decided not to overturn the bail but imposed a cost of ₹10,000, directing him to deposit the amount with the Mediation and Conciliation Centre attached to the Odisha High Court within eight weeks. The court emphasized that those attempting to pollute the stream of justice are not entitled to relief, whether interim or final.
In a broader context, the Supreme Court lamented the decline in values, attributing it to materialism and a quest for personal gain overshadowing the pursuit of truth. The Court’s directions aimed to enhance the integrity of the justice delivery system, ensure accountability, and encourage honest litigation.
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