Democracy can never be a Police State – Supreme Court

Democracy Can Never Be A Police State – Supreme Court Stresses Importance Of Bail; Issues Guidelines To Prevent Unnecessary Arrest.

In a bench mark judgment, the Supreme Court stressed upon the ‘bail over jail’, that is the importance of bail. It also issued guidelines to prevent unnecessary arrests.

Apex court

“Jails in India are flooded with undertrial prisoners.”, They have observed that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners. There are prisoners who may not even be required to be arrested despite registration of a cognizable offence.

Moreover, there are prisoners charged with offences punishable for seven years or less. Surprisingly, the prisoners are not only poor and illiterate but also would include women.

Unnecessary arrests

Furthermore, the Court also said that the problem is caused mostly due to unnecessary arrests, which are carried out in violation of Section 41 and 41A of the CrPC. The court also remarked that it is because the state and the Police is not working in coordination.

Consequently, the principle now is “ bail is the rule and jail is the exception” is based on the Article 21 of the Constitution.

Injustice

Moreover, the court also observed that “acquittal after prolonged custody is grave injustice. The rate of conviction in criminal cases in India is abysmally low. It appears to us that this factor weighs on the mind of the Court while deciding the bail applications in a negative sense.

Courts tend to think that the possibility of a conviction being nearer to rarity, bail applications should be decided strictly, contrary to legal principles. We cannot mix up consideration of a bail application, which is not punitive in nature with that of a possible adjudication by way of trial. On the contrary, an ultimate acquittal with continued custody would be a case of grave injustice”.

Guardian angels

The Supreme court said that the ‘Criminal courts with the trial court in particular are the guardian angels of liberty. These courts must uphold the constitutional thrust and act responsibly to safeguard the liberty of the people. It gave certain directions and guidelines to prevent unnecessary arrest and remand.

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