What are the major challenges faced by the Indian judiciary in granting or refusing bail
Former Supreme Court judge Madan Lokur expresses concern over the principles of granting or refusing bail. Discuss the major challenges faced by the Indian judiciary in this regard.
The Indian judiciary faces several challenges when it comes to granting or refusing bail. These challenges include:
- Presumption of innocence: One of the primary challenges is balancing the presumption of innocence with the need to prevent potential danger or obstruction of justice if the accused is granted bail.
- Complexity of laws: The Indian legal system is characterized by a vast and complex framework of laws, which can make it difficult for judges to interpret and apply them consistently while deciding on bail applications.
- Delay in disposal: The already burdened courts often struggle with a large number of pending cases, leading to delays in disposing of bail applications. This delay can infringe upon the rights of the accused to a speedy trial.
- Pressure and discretion: Judges frequently face external pressure, both from the prosecution and the defense, which can influence their decisions on granting or refusing bail. The discretionary power in such cases may be susceptible to manipulation and abuse.
- Fear of flight or tampering: One of the primary considerations for the judiciary is the likelihood of the accused fleeing the jurisdiction or tampering with evidence, which makes it challenging to grant bail in certain cases.
- Uniformity in decisions: Ensuring consistency and uniformity in granting or refusing bail is another challenge faced by the judiciary. Different judges may interpret the same set of facts differently, leading to discrepancies in bail orders.
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