Hello friends, Today we are going to talk about a very important and big decision made by the Supreme Court. This decision is directly related to those people who can face any kind of arrest under the GST law. Till now, in many cases, the courts have held that anticipatory bail cannot be granted under the GST Act. But now the Supreme Court has overturned its own old decisions and made it clear that anticipatory bail can be applied for.

What is the whole matter?

The three-judge bench of Chief Justice Sanjeev Khanna, Justice MM Sundaresh and Justice Bela Trivedi, who gave this decision, gave a new verdict, terming the decision of the earlier two judges as wrong. This case was specifically related to the ‘State vs. Choodamani Parameswaran Iyer’ case, in which it was earlier held that anticipatory bail is not possible under the GST Act. But now this decision has been reversed and the Supreme Court has made it clear that a person should be given the right to legal protection even before arrest.

Why is this decision important?

This decision is very important because now under the GST law, no businessman or person will have to fear arrest without reason. If a case is registered against anyone, he can now apply for anticipatory bail and avoid arrest. Earlier, businessmen and entrepreneurs were afraid that they might be arrested by the officials of the GST department without allowing them to get anticipatory bail. But now with this decision of the Supreme Court, all businessmen will get relief and they will be able to get legal protection.

Why did the judiciary change its stance?

The Supreme Court said in its decision that the spirit of the law should not be that a person is not given a chance to present his argument. If someone is innocent and a case has been registered against him wrongly, then he should get the right to take anticipatory bail.

What will happen now?

After this decision, there will be a big relief in GST-related cases across the country. If a person or trader is made an accused in a case, then he can get legal protection in advance. This will also strengthen the business environment and people will be able to do business without fear. This decision of the Supreme Court is a big step towards transparency in the justice system and the protection of civil rights. Now traders and others do not have to live in fear that if a case is registered against them, they will go to jail. Now they can apply for anticipatory bail and protect their rights.

Disclaimer: This article is written for information purposes only. Please contact your lawyer for any legal advice.

Also Read:

Supreme Court Slams Overpriced Lawyers: Justice Must Be Accessible to All

Understanding the Law of Torts Bare Act: A Complete Guide

Comprehensive Law of Torts Notes: Key Principles and Case Studies