- As you are aware, the above statement is often heard, spoken to, debated passionately, and bandied about from several information dissemination mediums – both print as well as electronics – alongside people considered to be authorities on the matter. It is worth reiterating how thousands are incarcerated in jails awaiting trials across the country despite the judiciary and the government authorities impressing the need to absolve bottlenecks surrounding the justice delivery system. Unfortunately, the efforts emanating from the law enforcement agencies are anything but people-friendly leading to even more undertrials languishing in jails for want of speedy hearings. Except for intermittent lip services, nothing much has changed on the ground.
PC: Press Trust of India
- Yet another instance of undertrial getting relief from the Supreme Court can be noticed when Varavara Rao of the Bhima Koregoan case received permanent medical bail recently. The Supreme Court also made it clear that stringent restrictions against bail in laws like UAPA don’t hinder constitutional courts from protecting fundamental rights. Note that the SC had relied on the principle to uphold bail to a UAPA accused last year, arguing that his incarceration for over five years, while the trial crawled on, was unjustified. But Rao’s bail granted on technical grounds – medical condition, advanced age, adherence to bail conditions, delay in framing charges – doesn’t answer any of the larger questions confronting the justice system.
- Mind you, too many people who have not been proven guilty are in jail Thus, bail as the norm, and jail as an exception is defeated by laws like UAPA that require judges to deny bail if they believe police cases to be prima facie true. The resultant consequence is this places lower court judges in a fix. Before framing of charges few judges will take an adverse stand on an investigation’s merits, nor can they grant bail afterward even if the trial is delayed because the framing of charges implies there is merit in them. Looking at the Bhima Koregaon case will show how disturbing it is on many counts. Despite multiple SC rulings on prompt hearing and disposal of bail applications, nothing fruitful occurred on the ground in reality.
PC: Shaun Pascoe
- For the uninitiated, the Bhima Koregaon case must be intriguing since the time many accused were arrested in 2018. Sadly, forget trial even framing of charges isn’t over yet. On top of it, there are unsubstantiated claims some of the evidence was planted. Yes, these claims can be interrogated only if trials begin soon. Long process delays give credence to worries that the laws with stringent bail provisions custody are the punishment and, therefore, investigative agencies can get away with shoddy work. On its part, an SC bench had proposed a comprehensive bail law and reiterated that courts must decide bail applications within two weeks and investigations must set down reasons for arrest, which trial courts must carefully scrutinize. Worryingly, nothing concrete is visible on the ground yet. The SC must step up efforts in this direction with intent.
