Skip to main content

Arnab entitled to bail, but what about 3.5 lakh undertials, 83 yr old priest, 80 yr old poet?

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:
*** 
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.

Comments

Anonymous said…
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?
ani said…
A 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

TRENDING

'Violation of Apex Court order': Delhi authorities blamed for dog-bite incidents at JLN Stadium

By A Representative   People for Animals (PFA), led by Ms. Ambika Shukla, has held the Municipal Corporation of Delhi (MCD) responsible for the recent dog-bite incidents at Jawaharlal Nehru Stadium, accusing it of violating Supreme Court directions regarding community dogs. The organisation’s on-ground fact-finding mission met stadium authorities and the two affected coaches to verify details surrounding the incidents, both of which occurred on October 3.

Adani Power controversy, legacy of pollution and broken dreams in Bihar

By Kumar Krishnan*  The decision to lease 1,050 acres of land in the Pirpainty region of Bhagalpur district to Adani Power for 33 years at a mere ₹1 per acre annual rent has become a major political issue in Bihar. Congress President Rajesh Ram, Bihar in-charge Krishna Allavaru, Legislature Party Leader Dr. Shakeel Ahmad Khan, and Legislative Council Leader Dr. Madan Mohan Jha have already marched from Sadakat Ashram to Rajendra Babu's samadhi in Patna over this issue. Pawan Khera and Kanhaiya Kumar are vocally opposing it. Additionally, allied parties of the Mahagathbandhan (Grand Alliance) are also protesting. The Congress party even held a march in Patna on this matter.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

A revdi-funded dream? Tax breaks, hype, unease: PwC reveals GIFT City’s fragile foundations

By Rajiv Shah   Backed by generous subsidies (or so-called "revdis") channeled to Prime Minister Narendra Modi’s flagship project, Gujarat International Finance Tec-City, or GIFT City, a recent PricewaterhouseCoopers (PwC) report claims it is “uniquely positioned to connect India to international markets and foster next-generation FinTech and IT innovation.” 

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...