RIGHT TO PERSONAL LIBERTY

The Supreme Court has recently held that bail orders should neither be too long and elaborate nor come too late as both violate the constitutional mandate of personal liberty.

Key details:

  • The supreme court highlighted that, while rejecting or granting bail to accused persons, Judges should not slip into extensive deliberations on the merits of the case or evidence involved. As such long debates at the stage of bail may prejudice the case itself for the accused.
  • Also, that once a case for bail is reserved for orders, the pronouncement of the decision should not take too long as further waiting is a dent on the personal liberty of an undertrial.
  • Therefore, the Supreme Court has deprecated the practice of detailed elaboration of evidence in the orders granting/rejecting bail/anticipatory bail and the practice of long delay between reserving the matter for order and pronouncing the order.

SOURCE: THE HINDU, THE ECONOMIC TIMES, PIB

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