Constitutional Duty Of Court To Prevent Arbitrary Deprivation Of Personal Liberty By Excess Of State Power: High Court In Delhi Riots Case
Live Law"It is the Constitutional duty of the Court to ensure that there is no arbitrary deprivation of personal liberty in the face of excess of State power," observed the Delhi High Court while granting bail to 6 accused persons in a riots case. "Bail is the rule and jail is the exception, and Courts must exercise their jurisdiction to uphold the tenets of personal liberty, subject to rightful regulation of the same by validly enacted legislation. 149 IPC as laid down by the Supreme Court, it is not that each accused or the role played by each accused has to be shown at least at the time of arguing bail application. Accordingly, the Court also observed thus: "Bail jurisprudence attempts to bridge the gap between the personal liberty of an accused and ensuring social security remains intact.