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The Top Court As Custodian of Liberties
Context:
The Supreme Court granted bail to former Delhi Deputy CM Manish Sisodia after prolonged incarceration, addressing key issues of individual liberty, potential misuse of the Prevention of Money Laundering Act (PMLA), and the right to a speedy trial, while reaffirming that “bail is the rule, jail is the exception” in line with constitutional principles.
Key Legal Principles Reaffirmed:
- Bail as the Rule: Citing Justice V.R. Krishna Iyer’s 1977 principle, the Court emphasised that bail should be the norm and incarceration an exception.
- Right to Speedy Trial: The Court reiterated that the right to a fair and speedy trial is inherent in the right to life under Article 21 of the Constitution, referencing past judgments such as Kashmira Singh (1977) and P. Chidambaram (2020).
Concerns Highlighted:
- Delay in Trials: The case against Sisodia involved an overwhelming amount of evidence (56,000 pages, 456 witnesses), which could lead to significant trial delays. The Court expressed concern over the potential for justice being delayed and denied.
- Misuse of PMLA: The Court noted the oppressive application of the PMLA, citing that out of over 5,000 cases under the Act in the last decade, only 40 resulted in convictions, highlighting concerns about the misuse of this stringent law.
- Prosecutorial Discretion: The judgement raised concerns about the prosecution’s ability to influence trial timelines and the potential impact on the fairness of the judicial process.
Judicial Oversight and Safeguarding Liberties:
- Role of the Supreme Court: The judgement underscored the Supreme Court’s role as the protector of civil liberties against executive overreach, stressing that individual rights cannot be left to the discretion of prosecutors.
- Need for Procedural Reforms: The ruling emphasised the need for judicial and procedural reforms to prevent the misuse of laws like the PMLA and to ensure that trials are conducted fairly and promptly.
Implications for Democracy and the Rule of Law:
- Role of Judiciary: The ruling underscores the judiciary’s responsibility to safeguard civil liberties against executive overreach, ensuring that legal processes are not punitive in themselves.
- Public Trust in Judiciary: The judgement calls for systemic changes to restore public trust in the judiciary, emphasising the importance of timely justice and the protection of individual rights in a democratic society.
Way Forward:
- Enforcing Procedural Deadlines: The Court suggested stricter adherence to procedural deadlines to uphold the right to a speedy trial.
- Judicial and Procedural Reforms: The ruling emphasised the need for reforms to prevent the misuse of laws like the PMLA and to ensure fairness in trials.
- Oversight Committees: Establishing independent oversight committees to review cases of prolonged detention could help prevent undue delays and ensure timely justice.
