- There is a dictum that mentions that bail, not jail should be the mantra for the judicial officers while adjudicating on matters of concern. Unfortunately, the scenario in the country is anything but nearer to this maxim where lakhs of pre-trial and undertrial prisoners are languishing in jails waiting for relief despite spending years behind walls. This situation prevailing in our jails goes against the tenet of the dictum innocent until proven guilty infringing on the basic rights and liberty assured to the accused. Reams and reams have been written on the topic of under trial prisoners waiting to be heard, but invariably for unfathomable reasons, goes off the boil subsequently.
PC: Elliott Redwine
- Make no mistake, this must be investigated with intent, purpose, and on compassionate grounds. Latest to emerge from the dark alleys of despicable jails is a bail application pending since February 2020 in Punjab and Haryana High Court which was flagged off by the Supreme Court directing the HC to expeditiously hear the matter. Further, the apex court also noted that the delay amounts to no less than an infringement of rights and liberty assured to an accused by incarcerating without hearing the veracity of the case. It is universally acknowledged that prisons should house only convicts. But in Indian jails, under trial prisoners comfortably outnumber convicts by a wide margin of 70:30.
- As can be seen, the widely prevalent disparity is not acceptable at all denying the accused basic living rights to lead a dignified life. India as a country struggles on both fronts vis-à-vis abysmal conviction rates as well as case pendency. It is extremely disappointing to note that the overall conviction rate touched 50% in 2019 but courts could dispose of just 10% of cases related to crimes against women, economic offenses, or offenses against the state. The latest headlines hitting newspapers about three anti-CAA activists arrested under UAPA charges miserably failed Delhi High Court’s prima facie scrutiny. With 740 prosecution witnesses, the trial could have dragged on for years with the three still suffering in jail.
PC: Rachit Garg
- The overwhelmingly daunting number of cases and pressure built by police arguments on the judges are making a quick grant of bail exceptions rather than the norm. Needless to mention, a systemic review and complete overhauling of the existing judicial mechanism are essential. An honest beginning can be made by employing more judges since many of the High Courts are functioning far less than the sanctioned posts lying vacant for long. You would be left gasping looking at the vacant posts across HCs as 650 serving judges are expected to carry the caseload of 450 judicial vacancies. Less said the better about the lower courts. Therefore, it is incumbent on the part of the Centre, Supreme Court’s collegium, and High Courts leave no stone unturned in their efforts to fill up the vacancies at the earliest keeping in mind the larger good of the accused. Let us remember and reiterate once again that justice delayed is justice denied. Action should follow.
