Bail, not jail' is not a slogan, but the manifestation of a right to personal liberty given to an arrested person, flowing out of Article 21 of the Constitution of India. The basis of this is the internationally accepted principle that a person is presumed to be innocent until proven guilty. Unfortunately, certain crimes have led to the introduction of a reverse onus on an accused person with the result that there is no presumption of innocence. Examples of crimes providing for a reverse onus include economic offences, possession of commercial quantities of drugs and terrorist offences.
Historically, economic crimes have always held a special place in India. Conservation of foreign exchange and smuggling activities led to a law authorising the executive to preventively detain a person violating the provisions of the law. The law is draconian and the Supreme Court has delivered several judgments holding the executive to account and ensuring that the procedures for detention are rigorously followed. Wherever the executive fails to adhere to the strict letter of the law and judgments of the courts, the order of preventive detention is quashed. A similar rigorous interpretation is given to the provisions of the Narcotic Drugs and Psychotropic Substances Act, which is also draconian. The message sent out by the courts is that personal liberty is not to be trifled with and in matters of detention, procedural law is as important as substantive law.
Denne historien er fra April 14, 2024-utgaven av THE WEEK India.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent ? Logg på
Denne historien er fra April 14, 2024-utgaven av THE WEEK India.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent? Logg på
What Will It Take To Clean Up Delhi Air?
IT IS ASKED, year after year, why Delhi’s air remains unbreathable despite several interventions to reduce pollution.
Trump and the crisis of liberalism
Although Donald Trump's election to a non-consecutive second term to the US presidency is not unprecedented—Grover Cleveland had done it in 1893—it is nevertheless a watershed moment.
Men eye the woman's purse
A couple of months ago, I chanced upon a young 20-something man at my gym walking out with a women’s sling bag.
When trees hold hands
A filmmaker explores the human-nature connect through the living root bridges
Ms Gee & Gen Z
The vibrant Anuja Chauhan and her daughter Nayantara on the generational gap in romance writing
Vikram Seth-a suitable man
Our golden boy of literature was the star attraction at the recent Shillong Literary Festival in mysterious Meghalaya.
Superman bites the dust
When my granddaughter Kim was about three, I often took her to play in a nearby park.
OLD MAN AND THE SEA
Meet G. Govinda Menon, the 102-year-old engineer who had a key role in surveying the Vizhinjam coast in the 1940s, assessing its potential for an international port
Managing volatility: smarter equity choices in uncertain markets
THE INDIAN STOCK MARKET has delivered a strong 11 per cent CAGR over the past decade, with positive returns for eight straight years.
Investing in actively managed low-volatility portfolios keeps risks at bay
AFTER A ROARING bull market over the past year, equity markets in the recent months have gone into a correction mode as FIIs go on a selling spree. Volatility has risen and investment returns are hurt.
