Supreme Court transfers anticipatory bail petitions to Guwahati Bench for efficient adjudication

The Supreme Court set aside the impugned orders of the Bombay High Court granting anticipatory bail due to the failure to hear the Appellants. It directed the transfer of applications to the High Court of Guwahati, establishing a Division Bench to hear future anticipatory bail petitions related to activities within the territorial limits of Guwahati. The Court emphasized maintaining status quo and instructed the Registry to transfer the applications promptly. This decision aimed to address jurisdictional concerns, procedural flaws, and ensure consistent adjudication by a designated Division Bench for efficiency.

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Issues:
Jurisdiction of Bombay High Court in granting anticipatory bail, Failure to hear the Appellants, Transfer of applications to High Court of Guwahati, Establishment of a Division Bench to hear future anticipatory bail petitions, Maintenance of status quo, Direction to Registry for transfer of applications.

Jurisdiction of Bombay High Court in granting anticipatory bail:
The Supreme Court addressed the issue of jurisdiction of the Bombay High Court in granting anticipatory bail to officers of a company suspected of aiding banned militant groups. The Appellants argued that only the Courts of Session in Assam and the High Court of Guwahati have jurisdiction due to the crimes being committed within the territorial limits of Assam. The Supreme Court did not make a definitive ruling on the Bombay High Court's jurisdiction but emphasized that the High Court of Guwahati should consider such matters due to territorial connections. The impugned orders were set aside on the ground that the Appellants were not heard by the Bombay High Court.

Failure to hear the Appellants:
The Supreme Court noted that the Government of Assam and the Director General of Police were not heard by the Bombay High Court before granting anticipatory bail to the Respondents. The Court highlighted the importance of affording all parties, including the Appellants, an opportunity to present their arguments before such decisions are made. The Supreme Court set aside the impugned orders due to this procedural flaw and directed that the applications be disposed of after hearing the Appellants.

Transfer of applications to High Court of Guwahati:
In light of the jurisdictional concerns and the failure to hear the Appellants, the Supreme Court ordered the transfer of the applications for anticipatory bail filed by the Respondents to the High Court of Guwahati. The Court specified that a Division Bench of the High Court of Guwahati should hear these applications and pass appropriate orders. The Chief Justice of the High Court of Guwahati was requested to assign these cases to a Division Bench for a hearing.

Establishment of a Division Bench to hear future anticipatory bail petitions:
To prevent conflicting decisions and ensure consistency, the Supreme Court directed that all future petitions for anticipatory bail related to activities within the territorial limits of Guwahati High Court should be heard only by the same Division Bench. Additionally, no Court other than the designated Division Bench of the High Court of Guwahati should entertain such applications in the future.

Maintenance of status quo and direction to Registry for transfer of applications:
The Supreme Court ordered that the status quo be maintained by the Appellants regarding the Respondents until the Division Bench of the High Court of Guwahati could make appropriate decisions on the applications. Furthermore, the Registry was directed to promptly transfer the applications for anticipatory bail from the Bombay High Court to the High Court of Guwahati to ensure timely consideration by the designated Division Bench.

Conclusion:
The Supreme Court disposed of the appeals by addressing the jurisdictional issues, procedural irregularities, and ensuring that future anticipatory bail petitions related to the case would be heard by a designated Division Bench of the High Court of Guwahati for consistency and efficiency in decision-making.

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