There Shouldn't Be Even A Single Day's Delay In Liberty Matters: Supreme Court Raps Delhi HC Over Bail Hearing Delay

Introduction

On May 29, 2025, the Supreme Court strongly criticized the Delhi High Court for its delay in deciding a bail application, despite multiple reminders from the apex court emphasizing the urgency of cases involving personal liberty.

A bench comprising Chief Justice BR Gavai and Justice AG Masih was hearing the plea of Vedpal Singh Tanwar, a key figure in Goverdhan Mines and Minerals, who has been under investigation by the Enforcement Directorate (ED) in a case of illegal mining in Haryana.

SC Highlights Importance of Swift Decisions in Liberty Matters

The apex court underscored that any delay in adjudicating cases affecting a citizen's liberty is unacceptable. It observed:

"This Court has repeatedly emphasized that matters concerning the liberty of citizens must be dealt with urgently. Even a single day's delay is unjustified. We see no reason why the High Court has taken such a long time to decide the bail plea."

The Supreme Court was informed that the relevant High Court judge would be available during the vacation bench from June 8 to June 16, and accordingly, directed the bail plea to be listed and decided on June 9.

Background of the Case

Tanwar, who was arrested on May 31, 2024, was denied regular bail by the Special Court in Saket. He later received interim bail on medical grounds in April 2025. The ED’s investigation followed a complaint filed by the Haryana State Pollution Control Board (HSPCB), leading to the attachment of assets worth ₹25.16 crore linked to illegal stone and mineral mining.

Senior Advocate Vikas Pahwa, appearing for Tanwar, informed the Court that despite arguments being completed, the matter has been repeatedly deferred. He stated:

“We’ve argued the case four times. The ED seeks time, the judge roster changes, and we go back to square one. It’s become a vicious circle.”

He also pointed out that although Tanwar was arrested almost a year ago, the trial court has not even taken cognizance of the prosecution complaint yet.

ED Responds

Appearing for the ED, ASG Aishwarya Bhati contested the narrative, highlighting that Tanwar was out on interim bail for 212 days, with 115 days in jail and 38 days in hospital custody. She stated that the delay was not due to adjournments by the ED but because judges had recused themselves after the matter was heard.

Tanwar’s counsel refuted this, arguing that no judge had recused, but the roster had changed three times. He noted that arguments concluded as early as November 27, 2024, with the matter being listed for 26 hearings so far without resolution.

SC Issues Directive to High Court

Taking all submissions into account, the Supreme Court directed that the bail matter be urgently listed and heard on June 9, before the vacation bench:

“We direct the Registry of the Delhi High Court to list the matter before the learned Judge sitting on the vacation bench on June 9 and ensure it is decided without any further delay.”

Case Title: Vedpal Singh Tanwar v. Directorate of Enforcement

Case No.: W.P.(Crl.) No. 231/2025