A SIGNIFICANT JUDGMENT

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 Amidst various news ranging from Southwest monsoon ravaging the plains of central India to the recent flash flood due to sudden cloudburst in Amarnath leading to loss of human lives, to the raging controversy regarding the alleged ferocious nature of lions depicting the Ashok Chakra atop the new Parliament Building,  the passing of Supreme Court decision on the necessity of framing of new laws envisaging grant of bail to those arrested may have eluded notice of a casual reader.


A bench of the Hon’ble Supreme court comprising Justices Sanjay Kaul and M. M. Sundresh in its recent judgment expressed its anguish over the number of undertrials languishing in various jails of the country. The significant part of the judgment dealt with the fact that what is worrisome and crowding the jails is arrests made by authorities, mainly Police, quite often than not  with caution thrown to the  wind. The Hon’ble judges, deliberating on various aspects, observed that even in cases of cognisable offence punishable with imprisonment of seven years or more arrests can be avoided on discretion where there is no chance of tampering of evidences or his/her having a chance to influence an ongoing investigation or the arrestee getting disappeared. The judgment, pinpointing the essence of Article 21 dealing with Right to Life,harped on the refrain “bail is the rule and jail is the exception”. The judges anguished that unless indiscriminate arrests are avoided or there is no proper rules for grant of bail in place there could be an impression of Police State which does not  augur well with democracy as vibrant as India’s. In such light the matter has been referred to the central government for framing laws regarding grant of bail to arrestee.


Readers are aware that right to bail is a significant right as someone under arrest, pending investigation, has his/her Fundamental Right of being free temporarily shut off. The snail paced investigation that follow after an arrest snatches an undertrial substantial part of his life languishing in jail unless he/she gets bail. It is understandable that in some instances there would be person let free jumping the bail or getting underground but for the majority justice will have been done. 


Cliched it may sound but the apex court judgment is very significant as it has initiated a process which will positively effect  and provide a fillip to our justice delivery system; the framing of laws for grant of bail will definitely herald a new chapter in that august direction.


  • Disclaimer: the esteemed readers are requested to offer their comments on the post.

Comments

  1. Sanjay NanotiJuly 13, 2022 at 1:25 AM

    Supreme Court decision on the necessity of framing of new laws envisaging grant of bail to those arrested, is really a welcome move by Hon'ble Apex Court. It will certainly reduce the burden of our already crowded jails and a big relief to under trials.

    Good article Das Sahab which really missed the attention of mainstream news channels. Thanks.

    ReplyDelete
  2. Anirban DasJuly 13, 2022 at 9:53 AM

    Very informative blog. Thanks for posting.

    ReplyDelete
  3. abrahamJuly 13, 2022 at 10:40 AM

    Sir Hon'Supreme Court has definitely given a wise decision. However if you see the cases in the recent past one wonders as to why arrest were made in certain cases and then refused bail for filmsy. We wonder as to who makes such decisions. Is it political interference or something else.

    ReplyDelete

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