oppn parties Bail Is Increasingly Becoming The Exception
OPINIONS : Strongly Expressed

February 04, 2023

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News Snippets

  • The Centre today said that there were no systemic issues linked to financial markets invloved in the crash of Adani group shares and market regulators were capable of doing what was needed. It said there is no need for the government to step in
  • Nearly 96% of the candidates appeared for the JEE(Mains) exam in the January session, making it the all-time high attendance
  • The Union budget has provided that input tax credit will not be available to companies on products and services they procure to fulfill their CSR obligations
  • Bombay HC rules that an FIR can be quashed even if a person is convicted in a trial court if an appeal in the case is pending before a higher court
  • Supreme Court thrwos out PIL seeking one candidate, one seat in elections, says it is the call of the legislature
  • Law minister Kiren Rijiju said that the government remained committed to diversity in selection of judges
  • Mamata Banerjee alleges that due to government pressure on public financial institutions to invest in Adani group, deposits in LIC and banks have become vulnerable
  • Kerala journalist Siddique Kappan was finally released from Lucknow jail, 28 months after his arrest by UP police in a UAPA case and more than 20 days after he was granted bail by Allahabad HC
  • A 65-year-old woman who was alone at home was hit on the head with a hammer and robbed in Kolkata
  • Enforcement Directorate charges that Arvind Kejriwal connived with Delhi liquor scam accused, court takes congnizance of charge sheet
  • Opposition stalls Parliament, demand probe into the Adani controversy. Says government forced LIC, SBI and other public institutions to invest in Adani group companies
  • RBI seeks information from banks about their exposure to the Adani group
  • BSE and NSE initiate additional risk-containment measures to counter the rout in Adani shares
  • Adani group shares free fall continues unabated: led by Adani Enterprises and Adani Total Gas,group companies lose 45.7% marekt capitalization in just 6 trading sessions
  • Stock market insulates itself from fall in Adani group shares. Sensex ends in green after another volatile session while Nifty ends in red but flat: Sensex gains 224 points to 59932 and Nifty loses 5 points to 17610
Free fall in Adani group shares continues unabated, Opposition parties demand a probe by a joint parliamentary committee or a Supreme Court-appointed panel
oppn parties
Bail Is Increasingly Becoming The Exception

By Our Editorial Team
First publised on 2022-11-23 06:50:56

About the Author

Sunil Garodia The India Commentary view

CJI D Y Chandrachud made a pertinent point when he said that lower court judges were "hesitant" to grant bail in cases of heinous crimes as they were scared that they would be targeted. It is disturbing that despite our jails being full of undertrials, some of whom have spent more time in jail then the punishment for their alleged crime would have got them, and despite the law permitting lower court judges to grant bail, these judges are not willing to exercise the discretion. Bail, not jail has now become just a saying despite several nudges from the Supreme Court that has repeatedly said that the triple test should be applied and bail should be denied only if there are strong chances of the accused absconding, threatening or influencing witnesses or tampering with evidence if set free on bail. As Chief Justice, Justice Chandrachud has taken the first step to prioritize personal liberty by directing the Supreme Court registry to put up at least 10 bail pleas for hearing every day before each of the apex court benches. This is a welcome move.

But bail pleas are first put before the trial court. A majority of such pleas come from accused who are poor and do not have the resources to approach higher courts if there bail is denied. Hence, with lower courts not willing to grant bail, more than 76% of prisoners in Indian jails are those awaiting trial. Further, the higher judiciary is clogged with such bail pleas. Trial court judges must apply the triple test and deny bail only if one or more of the conditions in that test is likely to be violated, unless the law expressly prohibits them from granting bail as is the case in some laws like UAPA, Pocso, SC/ST Atrocities Act or the NDPS, for example.

Talking about the fear of being targeted in the minds of lower court judges, CJI Chandrachud said that "this sense of fear nobody talks about but, which we must confront because unless we do that, we are going to render our district courts toothless and our higher courts dysfunctional." This is absolutely correct both for the rights of the undertials as for the purpose of fair and speedy justice. It will also unclog the jails and reduce the burden on higher judiciary. But for this to happen the Supreme Court must take the lead and issue further and clear guidelines to lower courts or the government must enact a separate bail law as the apex court suggested a few months ago.