Personal liberty can’t be compromised: SC
By Team Legistify / 2017-08-18

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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.

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