Satender Kumar Antil Vs Central Bureau of Investigation & Anr. (Supreme Court of India)
In an ongoing effort to reform criminal justice procedures, the Supreme Court of India has issued a series of firm directives to states, union territories, and High Courts, cracking down on the police practice of using electronic messaging platforms like WhatsApp to serve notices to accused individuals. The court’s latest order reinforces its earlier pronouncements, emphasizing that such informal methods violate due process and are not legally sanctioned.
The decision stems from the landmark case of Satender Kumar Antil v. Central Bureau of Investigation & Anr., where the Supreme Court has been continuously monitoring compliance with its 2022 guidelines aimed at streamlining the bail system and protecting the rights of undertrial prisoners. The court, led by a bench that heard submissions from Amicus Curiae Sh. Siddharth Luthra, deliberated on affidavits and compliance reports submitted by various states, UTs, and High Courts.
During the hearing, the Amicus Curiae flagged three key issues for the court’s consideration. The first concerned a proposal to release undertrial prisoners on personal bonds after verifying their Aadhaar card details. This issue, a collaborative suggestion from the National Legal Services Authority (NALSA) and the Amicus, was deferred to the next hearing for further deliberation.
