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 Datta held that even in the case involving the tough anti-narcotics law, the liberty of an individual would take precedence over the statutory embargo in a particular statute, and that the period of incarceration of an accused shall remain a relevant factor. That this strong pronouncement came in a case involving a law that reverses the usual presumption of innocence, ascribes culpability to the accused for the alleged offence and puts the onus on her to rebut the legal presumption is significant – especially at a time when stringent laws are often weaponised to keep accused behind bars, even if there is not sufficient proof to secure a conviction. The top court’s recent statement highlights its unwavering stance on individual liberties and granting of bail, but for firm progress, there needs to be a shift in attitudes, both within prosecuting agencies and the lower judiciary in accepting the primacy of individual liberty.

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History of this topic

Venezuelan man gets bail in Mumbai drug case, court cites trial delay
1 week, 4 days ago

Venezuelan man gets bail in Mumbai drug case, court cites trial delay

India Today  

A Mumbai court has granted bail to a Venezuelan national who was arrested with drugs at Mumbai Airport, ruling that the delay caused by the court or prosecution violates the fundamental right guaranteed under Article 21 of the Constitution of India. Special judge Mahesh Jadhav stated, "From the prima facie appreciation of the material on record, it appears that the …

Supreme Court comes to the rescue of man languishing in prison despite bail
3 months ago

Supreme Court comes to the rescue of man languishing in prison despite bail

The Hindu  

The Supreme Court set at liberty a man languishing in jail for four months after he got bail from the apex court due to his inability to furnish a local surety on Wednesday. A three-judge Bench headed by Justice Hrishikesh Roy directed the release of Ramchandra Thangappan Aachari, represented by advocates Neha Rathi and Pranav Sachdeva, on bail on his …

The top court as custodian of liberties
4 months, 1 week ago

The top court as custodian of liberties

The Hindu  

Former Delhi Deputy Chief Minister Manish Sisodia’s enlargement on bail by the Supreme Court of India, after an unconscionably long incarceration, is a welcome vindication of the apex court’s remit as custodian of individual liberties. In an eloquent exposition of its mandate, the Court reiterated that ‘a constitutional court has to lean in favour of constitutionalism and the rule of …

Ruling on Sisodia calls for judicial reforms in bail process
4 months, 2 weeks ago

Ruling on Sisodia calls for judicial reforms in bail process

Hindustan Times  

New Delhi The Supreme Court verdict granting bail to former Delhi deputy chief minister Manish Sisodia in connection with the Delhi excise policy case marks a critical precedent, particularly in high-profile cases where gravity of charges and prolonged incarceration has been used as tools to deny individuals their right to liberty. The court observed that in many instances, both trial …

​Arrest and liberty: On the ED’s actions
5 months ago

​Arrest and liberty: On the ED’s actions

The Hindu  

Two observations made in different contexts by the Supreme Court of India have raised relevant issues concerning personal liberty. One concerned the question whether an officer arresting a person on money-laundering charges should demonstrate the necessity for arrest for the action to be deemed valid; and the other voiced shock and revulsion at the ease and quickness with which courts …

Understanding the Supreme Court’s stance on the right to a speedy trial
5 months, 2 weeks ago

Understanding the Supreme Court’s stance on the right to a speedy trial

Hindustan Times  

While granting bail to an accused recently, the SC lamented the “mockery of justice” by the prosecuting agency i.e., the National Investigation Agency and stated that regardless of the seriousness of the offence, the accused is entitled to bail if the prosecuting agency does not ensure a speedy trial. The SC has, through various judgements, held and reaffirmed that the …

[NDPS Act] Conditional Liberty Overrides Statutory Embargo, Prolonged Incarceration Affects Fundamental Rights: Uttarakhand High Court
6 months ago

[NDPS Act] Conditional Liberty Overrides Statutory Embargo, Prolonged Incarceration Affects Fundamental Rights: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has granted bail to an individual accused of offences under the Narcotic Drugs and Psychotropic Substances Act observing that conditional liberty must override the statutory embargo when prolonged detention is at odds with constitutional rights. In allowing his plea of bail of the ground of prolonged Incarceration Justice Alok Kumar Verma underscored, “The prolonged incarceration, generally …

'Article 22 A Necessary Evil, An Instrument Of Protective Statecraft': P&H High Court Denies Relief To NSA Detained Amritpal's Alleged Aide
1 year ago

'Article 22 A Necessary Evil, An Instrument Of Protective Statecraft': P&H High Court Denies Relief To NSA Detained Amritpal's Alleged Aide

Live Law  

Observing that Article 22 of the Constitution is the "necessary evil", the Punjab & Haryana High Court has dismissed the plea of Waris Punjab De head Amritpal's alleged aide to arrest him in the FIR rather than keeping him under preventive detention under the National Security Act.Justice Rajbir Sehrawat said, Although there have been several judgments of the Supreme Court. …

Pending trial, accused cannot be incarcerated for indefinite period as it violates fundamental rights: Bombay High Court
1 year, 2 months ago

Pending trial, accused cannot be incarcerated for indefinite period as it violates fundamental rights: Bombay High Court

The Hindu  

A person cannot be incarcerated for an indefinite period of time pending trial as it is violative of the fundamental rights enshrined in the Constitution of India, the Bombay High Court said while granting bail to a man, accused in a double murder case. The court in its order said a balancing act has to be struck between the gravity …

Personal liberty of undertrial can’t be curtailed for indefinite period: Delhi HC
1 year, 6 months ago

Personal liberty of undertrial can’t be curtailed for indefinite period: Delhi HC

The Hindu  

The Delhi High Court has observed that imprisonment at the stage of trial cannot be prolonged only for the purpose of “teaching the accused a lesson”, as it granted bail to an accused in a kidnapping case. Merely because the offence is of a serious nature cannot be the ground to curtail the personal liberty of an undertrial for an …

In Matters Pertaining To Citizens' Liberty, Courts Should Act Promptly; Avoid Detailed Deliberation Of Evidence In Bail Pleas : Supreme Court
1 year, 7 months ago

In Matters Pertaining To Citizens' Liberty, Courts Should Act Promptly; Avoid Detailed Deliberation Of Evidence In Bail Pleas : Supreme Court

Live Law  

Inordinate delay in passing an order pertaining to liberty of a citizen is not in tune with the constitutional mandate, the Supreme Court observed in an order allowing anticipatory bail plea.In this case, the High Court had rejected the anticipatory bail application filed by the accused. Inordinate delay in passing an order pertaining to liberty of a citizen is not …

Courts doing wonderfully well in protecting the right to life, says senior counsel
1 year, 9 months ago

Courts doing wonderfully well in protecting the right to life, says senior counsel

Deccan Chronicle  

HYDERABAD: Senior counsel L. Ravichander said that courts were fortifying and expanding the applicability of Article 21 since Independence by way of several judgments. Gopalan case in the 1950s, the Menaka Gandhi case during the Emergency by the Supreme Court to the directions of a division bench of the Telangana High Court in the case of advocate Eunice Lalnunmawli, directing …

Find decisive fixes to free undertrials
1 year, 10 months ago

Find decisive fixes to free undertrials

Hindustan Times  

The festering problem of India’s burgeoning undertrial population can roughly be broken down into four stages. Often, and in far too many trivial cases, the first impulse is to put the accused behind bars, even though the Supreme Court has stated that arrests should be an exception in cases where the maximum possible punishment is less than seven years. In …

Review: Liberty After Freedom by Rohan J Alva
1 year, 11 months ago

Review: Liberty After Freedom by Rohan J Alva

Hindustan Times  

The Indian Constitution is a living document. So moved was Dr Ambedkar by criticism of the Constitution that he introduced Article 15-A as a substantive due process guarantee, particularly against illegal or arbitrary arrests. A large part of the book is about the omission of “due process” in the original text proffered by the Fundamental Rights’ Sub-Committee of the Constituent …

Pendency remains hurdle to Supreme Court’s role as timely protector of citizens’ rights
2 years ago

Pendency remains hurdle to Supreme Court’s role as timely protector of citizens’ rights

The Hindu  

Chief Justice of India D.Y. The government’s zeroing in on bail applications as one of the reasons for slow justice comes at a time when 10 bail pleas are heard every day by all 13 Benches of the Supreme Court. In fact, an exasperated Chief Justice Chandrachud in November had remarked that “widened access to the Supreme Court” is making …

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 …

Supreme Court says right to personal liberty most cherished, not to be arbitrarily taken away
2 years, 1 month ago

Supreme Court says right to personal liberty most cherished, not to be arbitrarily taken away

India Today  

While upholding the Manipur High Court’s judgment setting aside a preventive detention order, the Supreme Court recently observed that the right of personal liberty and individual freedom, which is probably the most cherished, should not be taken away arbitrarily, even temporarily, without following the procedure prescribed by law. A bench headed by Justice Ajay Rastogi dismissed the Manipur government’s appeal …

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 …

Cart before the horse: on bail law in India
2 years, 5 months ago

Cart before the horse: on bail law in India

The Hindu  

Two recent pronouncements, one a judicial order and another a public speech by the Chief Justice of India, have drawn attention to the manner in which bail law operates in the country. While the Supreme Court, in Satender Kumar Antil vs CBI, has sought to expand the scope for the grant of early bail to those arrested without sufficient cause, …

A new judicial device for ‘complete justice’
2 years, 5 months ago

A new judicial device for ‘complete justice’

The Hindu  

Mohammed Zubair, the co-founder of Alt News, continues to be in prison despite the Supreme Court of India, last Friday, granting him interim bail, because of remand in another case by the Delhi police. The Court Challenges before judiciary The Supreme Court of India is regarded as the world’s most powerful top court, on account of its wide power of …

Bring a new Act on bails, Supreme Court tells Centre
2 years, 5 months ago

Bring a new Act on bails, Supreme Court tells Centre

The Hindu  

Asking the Centre to bring a new Act exclusively to simplify and streamline bails, the Supreme Court on Monday observed that investigating agencies are showing a mindset which leans more towards the draconian power of arrest rather than the protection of individual liberty. Simple procedure In a series of directions, the court asked the Centre to consider bringing a separate …

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 …

Calcutta HC Grants Bail To NDPS Accused In Custody For 6.5 Yrs Noting Inordinate Delay In Trial, Violation Of Article 21
3 years, 1 month ago

Calcutta HC Grants Bail To NDPS Accused In Custody For 6.5 Yrs Noting Inordinate Delay In Trial, Violation Of Article 21

Live Law  

The Calcutta High Court last week granted bail to an NDPS Accused while observing that there had been inordinate delay in the trial, which resulted in the infraction of his fundamental right under Article 21 of the Constitution of India.Importantly, the Bench of Justice Aniruddha Roy and Justice Joymalya Bagchi further observed that the restriction on. The Calcutta High Court …

Prolonged Incarceration: Bombay High Court Grants Bail To Man Accused Of Being ISIS Recruit
3 years, 4 months ago

Prolonged Incarceration: Bombay High Court Grants Bail To Man Accused Of Being ISIS Recruit

Live Law  

The Bombay High Court on Monday granted bail to a young man from Parbhani District of Maharashtra, accused of taking an oath of allegiance to the banned terror organisation Islamic State and booked under the Unlawful Activities Act. A division bench of Justices SS Shinde and NJ Jamadar granted bail to Iqbal Ahmed Kabir Ahmed on merits and on the …

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 …

On Munnawar Faruqui, And Why Bail Not Jail Remains A Myth
3 years, 10 months ago

On Munnawar Faruqui, And Why Bail Not Jail Remains A Myth

Live Law  

Munnawar Faruqui was arrested by the Madhya Pradesh police for allegedly making obscene jokes about deities and politicians, in a case registered against him and some others which invoked offences such as Section 295-A IPC that are cognizable and non-bailable. Understanding the Twin Pillars of Bail Law The foundations of bail law in India rest on twin pillars: First, the …

Irrational And Indiscriminate Arrests Are Gross Violation Of Human Rights, Arrest Should Be The Last Option For The Police: Allahabad High Court
3 years, 11 months ago

Irrational And Indiscriminate Arrests Are Gross Violation Of Human Rights, Arrest Should Be The Last Option For The Police: Allahabad High Court

Live Law  

The Allahabad High Court on Wednesday observed that after the lodging of FIR, the arrest can be made by the police at will and that there is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The matter before the Court The Bench was hearing an anticipatory bail plea filed on …

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