The Supreme Court of India (SCI) has been steadily moving towards the idea that all criminal trials should be fair trials. Dragnet security laws such as the Terrorist and Disruptive Activities (Prevention) Act, 1987; the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and the Un lawful Activities Prevention Act (UAPA) prescribe “rigorous conditions for grant of bail”. But these are now being sought to be disciplined by taking seriously the constitutional fundamental right to speedy trial. Bail rather than jail is emerging as a countervailing consideration for unreasonably prolonged detention. The Indian Constitution abhors the idea of indefinite incarceration, summated in the maxim: “Lock them up and throw away the keys.” It forbids Neanderthal penalty.
The first thing to note is the determined opposition by law enforcement and security agencies who deny and oppose bail all the way from the trial court to the SCI. One must ask why this culture has grown. The second is the nature of judicial response to this bail recalcitrance as a matter of enforcement and security policy.
この記事は India Legal の April 19, 2021 版に掲載されています。
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この記事は India Legal の April 19, 2021 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
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