Personal liberty can’t be compromised: SC
Published on 18 Aug 2017 by Team
Personal liberty cannot be compromised at the altar of what the State may perceive as justice, the Supreme Court today said while granting bail to former Assam Public Service Commission (APSC) chairman Rakesh Kumar Paul in a case of alleged corruption.
A three-judge bench headed by Justice Madan B Lokur, in a majority ruling of 2:1, said that Paul was entitled to ‘default bail’ and the trial judge should release him on such terms and conditions as may be reasonable.
In the majority verdict, concurred by Justice Lokur and Justice Deepak Gupta, the apex court said that “in matters of personal liberty, we cannot and should not be too technical and must lean in favour of personal liberty”.
“The truth is that personal liberty cannot be compromised at the altar of what the State might perceive as justice justice for one might be perceived as injustice for another.
“We are therefore unable to agree with counsel for the State that the petitioner is not entitled to his liberty through what is commonly referred to as default bail or that the justice of the case should persuade us to decide otherwise,” Justice Lokur said in his verdict.
The apex court was hearing the plea filed by the former Assam PSC chairman after his bail pleas were rejected by the Gauhati High Court twice.
Paul was arrested on November 5 last year after an FIR was lodged against him under various provisions of the Prevention of Corruption Act and a charge sheet was filed on January 24 this year.
The apex court dealt with the issue of whether an accused could be kept in custody for a maximum period of 60 days or for 90 days without a charge sheet being filed.
In his dissenting verdict, Justice P C Pant held that the allegations did not disclose merely an economic offence but it showed a transgression of the constitutional rights of the victims of the crime.
“The Chairman of the APSC has the responsibility on behalf of the State for enforcement of the fundamental rights of equality in matters of public employment enshrined under Articles 14 and 16 of the Constitution of India.
“If the allegations are found to be true, then the offence cannot merely be considered as an economic offence, but a fraud on the Constitution itself by the persons appointed to enforce it,” Justice Pant said while refusing to grant bail, even on merit.
While concurring with the verdict of Justice Lokur, Justice Gupta added that the probe agencies must investigate all the cases efficiently using latest scientific technology.
“If investigation is done scientifically and efficiently by the police officials, who are earmarked and trained to do investigation work, then I see no reason why investigation cannot normally be completed even within a period of 15 days, as envisaged in the year 1898,” Justice Gupta said.
He said “the Code (CrPC) was initially enacted in the year 1898. We are now in the year 2017. 119 years have elapsed. There have been huge technological advancements. We have moved from horse-carts to the space age. From telegraph, we have moved to the fast changing vistas in the field of telecommunications including internet, wifi etc. Scientific investigation is the need of the hour”.
The state had told the high court that assuming the petitioner could be detained only for a maximum period of 60 days during investigation, he had not applied for ‘default bail’, that is bail in default of the prosecution filing a charge sheet against him soon after that 60 day period of detention, but had only applied for ‘regular bail’.
The State had contended that the petitioner was not entitled to his liberty through ‘default bail’.
( Source – PTI )
Top Legal Queries
Get answers from the best experts within minutes!
Most Consulted Advocates
Choose from our most consulted lawyers across India and get instant legal advice.
Advocate Prabhakar Shetty
- Vidhana Soudha, Bengaluru
- 21+ Years Of Experience
- User Rating 4.8
Advocate S.K.Prabhakar Shetty practices at City Civil Court Bangalore, Karnataka High Court, Karnataka state Consumer Dispute Redressal Commission Bangalore. He is enrolled with the Bar Council of Karnataka in 1998. He graduated in Law in the year 1995 from Law College Bangalore. His practice areas are Civil Litigation, Consumer Protection, family Law, and Divorce & alimony cases. He has specialization in Bail, Cheque Dishonour cases, civil and land matters. He has also been serving as a legal advisor for Bommasandra Industries Association which has over 700 industries. He has experience of 21+ years in the legal profession and providing services. He provides services in fair and transparent manner with result oriented approach. He is very supportive and friendly to his clients both professionally and ethically. He is consistent and precise in identifying strength and weakness of the matter.
Read MoreAdvocate Taji George
- M G Road, Bengaluru
- 24+ Years Of Experience
- User Rating 4.2
Taji George practices at Trial Courts Bangalore and Karnataka High Court. He started independent practice since 2002 in the name of George & Co. and now George & Co. is one of the known law firm in the city of Bangalore with substantial practice. He enrolled with the Bar Council of Karnataka in 1995. His practice areas are criminal matters, Family Matters, Property related matters, start-up matters, divorce matters, civil matters and drafting and vetting of various agreements and documents. He initially started practice with eminent criminal lawyer and then with the leading Law Firms in South India and acquired through Knowledge in Criminal trials, civil litigations, real estate and corporate work. He has experience of 2+ years in the legal profession and providing services. He provides services in fair and transparent manner with result oriented approach. He is very supportive and friendly to his clients both professionally and ethically. He is consistent and precise in identifying strength and weakness of the matter.
Read MoreAdvocate Koplin Kaur
- Patiala House Court, Delhi
- 12+ Years Of Experience
- User Rating 4.0
Advocate Koplin Kaur possesses the degree of Masters in Law along with Masters in Business Administration from Maastricht School of Management, Holland and has been practicing judiciously and serving the legal fraternity in Delhi High Court since 2009. Thus, years of previous experience in Business Development combined with her degrees gives her an edge in company matters. She is a member of the Delhi High Court Bar Association, Delhi Bar Association, New Delhi Bar Association & Chandigarh Bar Association. She holds expertises pertaining to Family Law Matters including Marriage and Divorce Laws, Protection of Women from Domestic Violence, Maintenance of Women and Children under Civil and Criminal Law etc. She has also represented the Government National Capital Territory of Delhi in courts and handled some sensitive high profile matters in the Lokayukta Adalat. She also serves on the governing board of the Dashmesh Public School, Naraina, New Delhi. Advocate Koplin Kaur assures Legal strategies & solutions with emphasis on Ethics. The clients benefit from Her expertise, experience & enjoy the privilege of personal attention and responsiveness
Read MoreTop Consulted Advocates
Choose from our most consulted lawyers across India and get instant legal advice.
Advocate Prabhakar Shetty
- Bengaluru
- 21+ Years Of Experience
- User Rating 4.8
Advocate Taji George
- Bengaluru
- 24+ Years Of Experience
- User Rating 4.2
Advocate Koplin Kaur
- Delhi
- 12+ Years Of Experience
- User Rating 4.0
Advocate Shaifali gaur
- Delhi
- 7+ Years Of Experience
- User Rating 4.0
Advocate Devinder Singh
- Chandigarh
- 8+ Years Of Experience
- User Rating 0.0
Advocate Deepanshu Gupta
- Delhi
- 5+ Years Of Experience
- User Rating 0.0
Advocate DK Sharma
- Delhi
- 18+ Years Of Experience
- User Rating 4.8
Advocate Vibhu Verma
- Noida
- 10+ Years Of Experience
- User Rating 4.5
Advocate Rishi K Ruia
- Bengaluru
- 16+ Years Of Experience
- User Rating 4.5