Counterview Desk
Senior Mumbai-based human rights lawyer Mihir Desai, in a Facebook post, “tears in the hypocrisy of the judgement and the utter naiveté that informs the discussion about it in certain quarters”, comments Vistasp Hodiwala, adding, “It is the kind of stuff that only a lawyer of serious standing such as Mihir who deals with such cases day in and day out would be able to put up.” Kavita Srivastava of the People’s Union for Civil Liberties (PUCL) notes, “Brilliantly said by Mihir Desai”, adding, “Yes bail not jail is the rule. Arnab Goswami deserved it. But two weeks ago, Dr Varavara Rao's bail application also came to them. They sent it back to the Bombay High Court. Well interim bail could have been granted right away.”
Srivastava adds, “The Supreme Court has established that we are two classes of people. Those like Arnab who not only get SLPs listed overnight and get bail and those who are lesser human beings. Not only are their applications dismissed but also continue being in jail with no relief. They have destroyed Article 14 and Article 21.”
This is what Mihir Desai wrote:
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Was Arnab Goswami entitled to be released on bail? Of course. Bail not jail is the rule. Are the 3,50,000, yes, three lakh fifty thousand undertrials (many of them for years and many for petty offences) who are as on 11th November 2020 in jails across India likely to get bail? More than 1,20,000 of them have been jail as undertrials for more than a year.
At some stage in their long prison life, may be, but within four days of arrest? Not in your wildest dreams.
Well okay, but as and when their cases are taken up, they would definitely get a three day hearing in high court and one full day hearing in Supreme Court? Sure if you are living in Greenland.
In any case our constitutional courts will never refuse to entertain a bail application directly since lower courts are so overloaded. If your case is “important” enough, if you are not from the marginalised section, if you can afford to pay tens of lakhs in fees to lawyers only then can you meet such eligibility criteria.
But Arnab is innocent? But all 3,50,000 undertrials are presumed innocent till they are found guilty.
But, Arnab has been maliciously prosecuted by the villainous police? Police and CBI and NIA are of course normally neutral.
See what a wonderful job they have done in arresting an 84 year old priest, an 80 year old poet, a 66 year old author, some lawyers who dare to fight for human rights, a pregnant student, (and a) journalist who dares to cover Hathras.
But come on... whenever the undertrials do get bail they will at least be immediately released from jail like Arnab?
Please do a reality check.
Arnab has been released on a personal bond but others will have to get one or two solvent sureties.
Is it the judiciary’s fault that they are poor and can’t get sureties and will continue to be in jail even after being granted bail?
But hey, Supreme Court has always said that personal liberty is the most important fundamental right.
Absolutely. That is precisely why they heard habeas corpus petitions within er... 12 hours, ok, no 12 days, my mistake 12 months?
Sorry, sorry, the Supreme Court is too overloaded don’t expect miracles.
Come on people stop grumbling we are in for great times.
Extremely disturbing trend. The SC is one institution, after the armed forces, that I thought could never be influenced, compromised or whatever. But I'm wrong. Where is India headed?
ReplyDeleteA basic principle of the law — and of everyday fairness — is that we apply rules with consistency, and not based on what’s convenient or advantageous in the moment
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