What are the challenges faced by courts in balancing individual rights and public order in riot-related cases?
The Supreme Court has denied bail to some accused in the Delhi riots case but granted relief to others. I wish to explore how courts make such decisions and the principles they follow.
In riot-related cases, courts often face the complex task of balancing the protection of individual rights with the need to maintain public order. This challenge becomes more acute during communal violence or large-scale disturbances, where both public safety and the rights of the accused are at stake. The judiciary must carefully examine the facts, evidence, and legal principles before making decisions such as granting or denying bail.
- Presumption of Innocence vs. Public Safety: Courts must uphold the principle that an accused is innocent until proven guilty. However, in riot cases, there is also a strong need to prevent further violence, which may justify stricter measures.
- Assessment of Evidence: Often, evidence in riot cases is circumstantial or based on witness testimony, which can be unreliable or influenced by community tensions. Courts need to scrutinize such evidence carefully before making decisions.
- Granting Bail: The decision to grant or deny bail involves weighing the severity of the alleged offence, the possibility of tampering with evidence, the risk of the accused absconding, and the likelihood of further unrest if the accused is released.
- Protection of Fundamental Rights: The right to personal liberty (Article 21 of the Constitution) must be safeguarded, but it can be curtailed in the interest of public order (Article 19(2)). Courts must justify any such curtailment based on the facts of the case.
- Political and Social Pressures: Riot cases often attract intense media and public attention, which can create pressure on the judiciary to take a tough stance. Courts must remain impartial and base their decisions solely on law and evidence.
- Ensuring Fair Trial: In highly polarized situations, ensuring a fair trial becomes challenging. Courts must protect the accused from mob justice or prejudiced investigations while also ensuring justice for victims.
- Delays in Investigation and Trial: Riot cases are often complex, leading to prolonged investigations and trials. Prolonged pre-trial detention can violate individual rights, but early release may risk public order.