New Delhi, August 9, 2024 — The Supreme Court of India has issued a sharp critique of trial courts and high courts for their handling of bail matters, emphasizing that the principle of bail being the rule rather than the exception has been sidelined. This criticism comes in the context of the ongoing case involving Manish Sisodia, the former Delhi Deputy Chief Minister.
In a recent ruling, the Supreme Court took aim at the judicial approach of lower courts, suggesting that they have been overly cautious and conservative when deciding on bail applications. The apex court’s observations came in response to concerns that the principle of granting bail as a default, rather than denying it, has not been adequately upheld in Sisodia’s case.
The Supreme Court noted that both trial and high courts have exhibited a tendency to err on the side of caution, which has led to prolonged detentions and, in some cases, unjustified denial of bail. This approach, according to the Court, has strayed from the legal principle that bail should generally be granted unless there are compelling reasons to refuse it.
“Courts must remember that the fundamental principle in criminal justice is that bail is the rule and jail is the exception,” the Supreme Court stated. The Court emphasized that the liberty of an individual should not be compromised without substantial and justifiable reasons, and that the prevailing practice of stringent bail denials undermines this principle.
Manish Sisodia, who has been embroiled in legal battles over corruption charges, has faced significant delays in securing bail, which has drawn widespread attention and criticism. The Supreme Court’s remarks reflect growing concerns over the balance between ensuring legal accountability and upholding the constitutional rights of individuals.
The Court’s intervention highlights the ongoing debate over judicial discretion and the need for a more consistent application of bail principles. The judiciary’s role in safeguarding personal liberty while addressing the complexities of criminal cases remains a pivotal issue, and this recent ruling underscores the necessity for reforms and a return to foundational legal principles.
As the legal community and public await further developments in Sisodia’s case, the Supreme Court’s observations are expected to influence future bail decisions and potentially prompt a reassessment of judicial practices related to bail matters across the country.