Date: 13/04/2023

Relevance: GS-2: Structure, organization and functioning of the Executive and the Judiciary - Ministries and Departments of the Government.

Key Phrases: Prison, Supreme Court, Bail, Jails, Cognizable Offence, Under Trial, Prisoners, Imprisonment, Liberty, Habeas Corpus.

Context:

• Recently Interim bail has been granted to a person, who was accused in the Lakhimpur Kheri case where eight people lost their lives.
  • All accused of similar or lesser offences must be treated the same way.

Bail, not Jail : A Fundamental Principle of Personal Liberty

• Almost half a century ago, Justice Krishna Iyer said, "Bail, not jail, is the basic rule.
  • However, this fundamental principle of personal liberty has consistently been ignored, and ordinary citizens, human rights activists, writers, teachers, and even press reporters languish behind bars.
• As per the statistics provided by the National Crime Records Bureau (NCRB), as of December 31, 2021, out of a total of 5,54,034 prisoners, 4,27,165 are under trials.
• This means that more than four lakh accused are languishing in jail without bail, waiting for their trial to either commence or conclude.

Reluctance to Grant Bail: The Root Cause

• In November 2022, the Chief Justice of India (CJI) speaking at an event organised by the Bar Council of India stated that the higher judiciary is flooded with bail applications due to reluctance at the grass root levels to grant bail.
• Despite Justice Iyer's clear declaration over half a century ago and the Supreme Court's detailed guidelines on arrest and bail in Satender Kumar Antil v CBI, the fundamental rule of bail is often disregarded or rejected by the courts.
• Moreover, even the Supreme Court has hundreds of bail applications, and a large number of habeas corpus petitions awaiting disposal.
  • Given the observations of the CJI in the Arnab Goswami case that "deprivation of liberty for a single day is a day too many," these are huge numbers.
• In order to address the challenges faced by under trials, it is imperative for the judiciary to exhibit greater empathy.
  • Additionally, there is a pressing need for increased transparency within the judicial system.
• To expedite the legal process and prevent overcrowding in prisons, the courts should consider ordering day-to-day proceedings, thereby facilitating a smooth progression of the case and enabling individuals to obtain justice in a timely manner.

The Case of Ashish Mishra: Is Bail a Priority Over Safety?

• The recent bail hearing for Ashish Mishra has reignited concerns regarding the application of bail within the Indian judicial system. Despite the gruesome nature of the crime, the police were slow to apprehend him.
  • Only after a Public Interest Litigation was filed in the Supreme Court to address the police's inaction and raise concerns about the impartiality of the investigation, was Mishra ultimately arrested.
• The accused was able to obtain bail from a single judge in the Lucknow bench of the Allahabad High Court.
  • However, the Supreme Court was subsequently approached, and the bench criticized the high court for not considering critical factors such as the severity of the offense and the likelihood of the accused tampering with evidence or fleeing from justice.
• Ultimately, the Supreme Court cancelled the bail, sending a powerful message about the importance of impartiality within the judicial system.
• The application for regular bail for Ashish Mishra is still pending before the Supreme Court. However, the accused has been granted interim bail on two grounds:
  • First, he has been in custody for over a year.
  • Secondly, the trial is expected to take at least five years
• This decision has come as a surprise to many, given that the same bench had earlier rejected the bail application on sound and justifiable grounds.
  • Although bail cannot be refused indefinitely, it should not be prioritized at the expense of society's safety and the speedy resolution of trial proceedings.

Conclusion:

• The principle of bail, that is, "Bail, not jail," is the basic rule, and it is time that the Indian judiciary upholds this principle.
• There is a need for the judiciary to prioritize the principles of humanity, justice, and fair-play rather than personal interests or convenience.
  • Adhering to these principles is crucial for the achievement of a just and equitable society.
• The courts need to be more empathetic towards the plight of under trials, and there is a critical need for more transparency in the judicial process.
  • While bail cannot be denied indefinitely, it should not be a priority over the safety of society and the fast-tracking of the trial proceedings.
• The Ashish Mishra case serves as a reminder that principles of fairness and justice must be upheld, even in the most high-profile cases.
  • By achieving this goal, the Indian judiciary can fulfill its fundamental purpose of safeguarding the constitutional rights of all individuals, regardless of their social status.

Source: The Indian Express

Mains Question:

Q. What is your opinion on the notion that bail, not jail, should be the rule for all individuals and not just the privileged few? Comment (150 words).