A New Hope For Personal Liberty: Bail Not Jail
2 years, 3 months ago

A New Hope For Personal Liberty: Bail Not Jail

Live Law  

It has been seventy-five years since the country got independence and it was Dr. BR Ambedkar who is known as the father of Indian Constitution. Liberty over deprivation On September 9, the Supreme Court granted bail to Kerala based journalist, Siddique Kappan who was in custody since October, 2020. There have been certain other recent instances where the Supreme Court has upheld personal liberty over state curtailment, the first was in the bail application of Teesta Setalvad and now journalist Siddique Kappan. While granting bail to Zubair, Justice DY Chandrachud importantly noted that "arrest is not meant to be and must not be used as a punitive tool" In this regard, the order of the Supreme Court observed: "Because it results in one of the gravest possible consequences emanating from criminal law: the loss of personal liberty. Pertinent to point out that the Supreme Court in Maneka Gandhi case, observed that the term "personal liberty" under Article 21 of the Indian Constitution has the broadest meaning and encompasses a wide range of rights that contribute to a one's personal liberty.

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History of this topic

Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court
11 hours, 15 minutes ago

Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court

Live Law  

The Calcutta High Court has held that bail is an essential element of the criminal justice system as it affords a right to a fair trial to the accused in a criminal case. Justice Shampa Paul made these observations in a plea by a man accused under the POCSO act, against an order cancelling his bail issued by the trial …

If Accused Given Bail In Multiple Cases Is Unable To Find Sureties, Condition Of Multiple Sureties Be Balanced With Article 21 : Supreme Court
4 months ago

If Accused Given Bail In Multiple Cases Is Unable To Find Sureties, Condition Of Multiple Sureties Be Balanced With Article 21 : Supreme Court

Live Law  

The Supreme Court today held that if an accused, involved in multiple cases, is enlarged on bail and is unable to find multiple sureties, the court must balance the requirement of sureties with his right to personal liberty guaranteed under Article 21. In this case, the court found that the petitioner, despite securing bail in 13 cases registered across various …

Shortening the gap between bail and release
9 months ago

Shortening the gap between bail and release

Hindustan Times  

Bail proceedings stand at the crossroads of constitutionally guaranteed personal liberty, and the demands of criminal law that often infringe upon it. The court’s duty to safeguard liberty does not end with a mere grant of bail but extends to ensuring prompt compliance with procedure, to secure immediate release. The Supreme Court has repeatedly cautioned against imposition of onerous bail …

The primacy of liberty
1 year, 5 months ago

The primacy of liberty

Hindustan Times  

If the criminal justice system forms the skeletal frame of any democratic society and its functioning, then the fundamental right to liberty of every individual must be considered its spine because it is this logic that recognises the full personhood of an individual and limits the powers of the otherwise formidable State. A bench of justices Surya Kant and Dipankar …

A crucial push for civil liberty
2 years, 1 month ago

A crucial push for civil liberty

Hindustan Times  

In a democracy, the judiciary performs several functions. Therefore, Chief Justice of India Dhananjaya Y Chandrachud’s decision last week to prioritise matters of personal liberty and grant immediate hearing to petitions asking for bail is a laudable step. Justice Chandrachud said a full court meeting adopted a resolution to hear 10 bail matters and 10 transfer petitions each day of …

Constitutional Duty Of Court To Prevent Arbitrary Deprivation Of Personal Liberty By Excess Of State Power: High Court In Delhi Riots Case
2 years, 11 months ago

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 …

To protect personal liberty, enforce standardised parameters on bail
3 years, 5 months ago

To protect personal liberty, enforce standardised parameters on bail

Hindustan Times  

The death of 84-year-old Father Stan Swamy in custody has rekindled the debate on the scope of pre-trial detention. The courts have often stressed that personal liberty is humankind’s most valuable possession, and the law of bail has to find the balance between two conflicting demands — shielding society from criminals, and the presumption of innocence until proven guilty. In …

Liberty Is Important But Courts Must Consider Potential Threat To Witnesses, Victims While Granting Bail : Supreme Court
3 years, 7 months ago

Liberty Is Important But Courts Must Consider Potential Threat To Witnesses, Victims While Granting Bail : Supreme Court

Live Law  

The Supreme Court has reiterated that it is necessary for courts to consider the impact on the witnesses or victims in a criminal case while granting bail to an accused.Observing thus, the Supreme Court set aside an order of the Allahabad High Court which granted bail to an accused who was arrested under the U.P. The Supreme Court has reiterated …

Pavan K Varma | Will apex court protect liberty for all citizens?
4 years, 1 month ago

Pavan K Varma | Will apex court protect liberty for all citizens?

Deccan Chronicle  

The Supreme Court of India upheld the principle of personal liberty by granting interim bail to Republic TV’s chief Arnab Goswami in a 2018 case where he is accused of abetment of suicide. The highest court in the land will intervene to protect personal liberty at any cost, list a case of this nature with lightning speed, overrule the standard …

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