How do interim and absolute bail orders by the Supreme Court influence the balance between individual rights and the justice system?

The Supreme Court’s powers to grant interim and absolute bail play a crucial role in safeguarding individual liberty while ensuring the integrity of the justice system. Bail decisions, particularly in high-profile cases, often set important precedents regarding the balance between protecting the rights of the accused and upholding the interests of justice.

• Protection of Individual Rights:
  • Interim and absolute bail orders ensure that an accused person is not deprived of liberty without sufficient cause, upholding Article 21 (Right to Life and Personal Liberty) of the Constitution.
  • Bail prevents unnecessary pre-trial detention, especially when the investigation is ongoing or there is no danger of the accused fleeing justice.
  • The Supreme Court’s interventions often act as a check against arbitrary arrests and misuse of power by authorities.
• Presumption of Innocence:
  • Granting bail, especially interim bail, reinforces the legal principle that an individual is presumed innocent until proven guilty.
  • This prevents stigmatization and social harm that may arise from prolonged incarceration before conviction.
• Impact on the Justice System:
  • The Supreme Court lays down guidelines for lower courts, ensuring uniformity and fairness in bail jurisprudence.
  • In high-profile cases, bail decisions are closely watched and can influence public perception of the judiciary’s independence and impartiality.
  • By granting or denying bail, the Supreme Court also weighs factors like the gravity of the offence, risk of tampering with evidence, and public interest.
• Checks and Balances:
  • Interim bail is often granted to allow the accused time to seek regular bail, ensuring that their rights are protected while the judicial process continues.
  • Absolute bail, on the other hand, is granted after thorough consideration of the case, balancing the need for justice with the accused’s rights.
• Case Example - MLA Jegan Moorthy:
  • In such high-profile cases, the Supreme Court’s bail orders send a message about the importance of due process and the protection of individual rights, even for those in public life.
  • It also demonstrates the Court’s role as the guardian of constitutional rights, ensuring that political or social status does not affect the fair application of law.