- Of course, the subject matter is bound to evoke cynicism and derision in equal measure when it comes to the notice of any law-abiding citizen. Indisputably, the strength of society is directly proportionate to the foolproof laws, statutes, rules, guidelines, and regulations enacted for the betterment as well as the smooth functioning of the day-to-day administration where equality reigns supreme. Equally important is the role essayed by the law enforcement agencies who are expected to uphold the law of the land enacted in letter and spirit as mandated in the Constitution.
PC: S.Subramanium
- The Indian Constitution clearly demarcates the roles of the three pillars viz. the executive, the legislature, and the judiciary. Not for nothing, the judiciary is considered the guardians of the Constitution. And to its credit, the judiciary, especially the higher judiciary, has time and again stepped in to uphold the virtues of fair play. One cannot fault the Indian citizens for considering the Supreme Court as the last resort for not only seeking relief but also obtaining fairness of judgment to carry on with their lives. The Supreme Court has not disappointed the common man and has ensured the justice delivery system is working overtime to ensure fairness for the aggrieved party.
- However, the same cannot be mentioned about the lower levels of the judiciary who time and again fail to read the laws in the right spirit and intent. Left with no option but to approach the Apex Court, the common man is bound to undergo tremendous duress right through the long winding litigation processes consuming a considerable amount of time running from pillar to post. Take for instance the norm for granting bail to certain offenses considered as not serious enough. Bail, not jail should be followed with absolute diligence right from the lower courts itself needs no elaboration. This is where the Supreme Court should step in to introduce clear guidelines removing whatever ambiguity surrounding the norm.
PC: Vidhi
- Take for instance the high-profile case of Teesta Setalvad yesterday granted interim bail by the Supreme Court after having spent more than two months in jail in a case about the alleged fabrication of documents in relation to riots in Gujarat in 2002.r, Notwithstanding the apex court order the Gujarat high court will continue to consider her regular bail application. SC’s decision was underpinned by some observations it made earlier. Note that Setalvad has spent over two months in jail without a charge sheet being filed. The offenses pertain to alleged forgery and not bodily harm. The offenses do not restrain the court from granting bail. For the uninitiated, India’s jurisprudence on bail is rooted in the Constitution’s Article 21, the right to life and personal liberty.
- Its importance can be gauged from the fact that the relevant procedures provide for everything from anticipatory bail to statutory bail. Sadly, data made available till December 2021 show that of 5.54 lakh prisoners, 77% were undertrials. A mere 22% of prisoners had been convicted. Around 95% of undertrials are released on bail but the process is slow, often inhumanely so. No wonder, half of the jailed undertrials had been locked up for more than two years. This is simply unconscionable and unacceptable in an aspirational society. Thus, the SC should step in and issue strict guidelines dissuading law enforcement agencies from holding undertrials without granting bail.
