The lockdown announced by the government due to COVID-19 is not akin to the proclamation of Emergency, the Supreme Court has said holding that default bail is an indefeasible right on non-submission of charge sheet within the prescribed time.The apex court made the observation while setting aside a Madras High Court order denying bail to an accused despite non-filing of charge sheet within within the stipulated time.

A bench headed by Justice Ashok Bhushan said the view of the high court that restrictions imposed during the lockdown should not give the right to an accused for default bail even though the charge sheet has not been filed within the time prescribed under Section 167(2) of the Code of Criminal Procedure, is "clearly erroneous and not in accordance with law".

Terming its judgment in the ADM Jabalpur case during the Emergency as "retrograde", the top court said that right to life and liberty cannot be taken away without a due process of law.

The lockdown announced by the government due to COVID-19 is not akin to the proclamation of Emergency, the Supreme Court has said holding that default bail is an indefeasible right on non-submission of charge sheet within the prescribed time.The apex court made the observation while setting aside a Madras High Court order denying bail to an accused despite non-filing of charge sheet within within the stipulated time.

A bench headed by Justice Ashok Bhushan said the view of the high court that restrictions imposed during the lockdown should not give the right to an accused for default bail even though the charge sheet has not been filed within the time prescribed under Section 167(2) of the Code of Criminal Procedure, is "clearly erroneous and not in accordance with law".

Terming its judgment in the ADM Jabalpur case during the Emergency as "retrograde", the top court said that right to life and liberty cannot be taken away without a due process of law.