Significance of bail: A shot in the arm for rule of law

Source: This post is based on the article “A shot in the arm for rule of law” published in The Hindu on 25th July 2022.

Syllabus: GS 2 – Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Relevance: About the criminal-justice reforms in India.

News: In Satender Kumar Antil v. Central Bureau of Investigation (2022), the Supreme Court expressed its unhappiness with the current state of India’s criminal justice system. The court said that indiscriminate arrests are indicative of a colonial mindset and create the impression of India being a “police state”.

What is the significance of the court ruling?

The court highlighted the following a) Safeguarding basic human rights, b) the emphasis on quickening the pace of trials, c) Suggesting a new Bail Act, like that of the UK, d) Demanding that the agencies must be civilised towards both crime suspects and convicts, and d) Provision for electronic surveillance of those released on bail.

What are the reasons behind indiscriminate arrests?

a) Members of the lower judiciary often ask investigating officers why they did not arrest some suspects while arresting others, b) Courts suspect that the police lack integrity in discriminating between the accused, c) An average police officer invariably believes that it is only in the rigour of custody that a suspect will cough out the truth.

About the problem of overcrowding

The problem of overcrowding of prisons has accompanying issues such as corruption, crime and hygiene within prisons. This is because 1) There is an insistence during trial on judicial custody. This is different from what prevails in many countries, especially the U.K., where the grant of bail is much more liberal, 2) The court proceedings in India are lengthy and complex.

What are the other instances where the judiciary highlighted bail is the rule and jail as the exception?

In the State of Rajasthan, Jaipur V. Balchandalias Baliay (1977) case: The court held, “The basic rule is bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses.”

What should be done to reform India’s criminal justice system?

Even if not framed a separate law, the existing legal provisions, especially the Criminal Procedure Code, are adequate to curb the overeager practices of law enforcement agencies. Hence, India’s arbitrary and cruel practices must change.

The political and bureaucratic leadership should convince themselves of the role of ethics in public life.