- Reams and reams have been written in the print media, terabytes have been burned hearing/speaking/urging/exhorting/discussing/dissecting on the electronic and digital media, and of course, extolling from several concerned citizens apart from the higher judiciary about how the bail must be the norm rather than an exception while adjudicating judicially. Despite the Supreme Court time and again stating in no uncertain terms that the bail norm should be upheld, the lower courts still tend to ignore the same with great impunity. As you would have read recently, the Supreme Court has mentioned unambiguously that even those incarcerated under stringent laws like the Prevention of Money Laundering Act (PMLA) should be considered for granting bail. This cannot be any clearer than what the SC has ruled. Why it is not being diligently observed then?
PC: Citizens For Justice and Peace
- Millions of undertrials languishing in various jails of the country for want of speedy disposal of cases is a situation that has been sustained over the last couple of decades. Little wonder, the entire justice delivery system is inundated by millions of unresolved cases stretching several decades. The humongous number of pending cases across the country in various courts is a worrying trend that must be addressed by the justice delivery system in an organized but effective manner. As such, the Apex Court must step in with the intent to disseminate information about granting bail to scores of incarcerated people whose continuation in jails is not necessary. Notably, the lower judiciary appears to be reluctant to uphold this maxim in toto.
- The recent SC orders in cases involving Manish Sisodia, K Kavitha, and Hemant Soren’s aide cases are a lesson for lower courts and law enforcement agencies. Even in PMLA cases, bail is the norm, the SC reiterated recently, releasing Soren’s aide in a money laundering case. Coming a day after Telangana politician K Kavitha secured bail in the Delhi liquor policy case and days after Manish Sisodia got bail, the three cases, taken together, are message enough for all courts and investigative agencies. Hearing Kavitha’s plea, probe agencies were again upbraided by SC, as was Delhi HC which had denied her bail twice in the last 5 months. Every such bail – and observation SC made – holds out the promise of fair process for undertrials accused under stringent laws.
PC: LiveLaw
- Remember, ED arrested BRS’s Kavitha on March 15. CBI arrested her on April 11 from Tihar jail. SC granted her bail in both cases and rebuked Delhi HC’s single-judge bench. In resisting bail to Sisodia earlier, and Kavitha in the latest instance, probe agencies have attracted SC’s ire on the quality/nature of their investigation. In case after case, SC reiterates bail is the norm even under special laws PMLA, UAPA, and PSA, among others. The investigating agencies must submit unquestionable evidence before seeking cancellation of bail. The police and HCs must keep these aspects while hearing bail pleas. In doing so, the cause of investigation and justice are both served best when due process is followed. Yes, bail is the norm, and jail is an exception. Period.
