‘Court must protect liberty of accused if trial may be delayed’, says Supreme Court
The Indian Supreme Court has ruled that the right to personal liberty is paramount when a trial is unlikely to be completed in the near future, mandating bail for such cases. The court granted relief to individuals involved in a graft case, emphasizing that pre-trial detention should not be used as a form of punishment.
Why it matters
This ruling reinforces constitutional protections against prolonged incarceration without trial, impacting the judicial handling of complex economic offenses in India.
NEW DELHI: Observing that the right to personal liberty of the accused becomes paramount if trial is unlikely to be completed in the near future, the Supreme Court has said bail must be granted in such cases.“It is a well-settled postulate of criminal jurisprudence that pre-trial incarceration cannot masquerade as punitive detention... This court must intervene to safeguard the right to personal liberty under Article 21 of the Constitution... when a trial cannot be reasonably concluded in the near future,” a bench of Justices Dipankar Datta and Sheel Nagu said.The bench granted bail to ex-secretary of Rajasthan Water Supply and Sewerage Management Board Shubhanshu Dixit, who has been in custody since Feb 17, when he was arrested in a graft case.Accused were held for ‘jal mission’ irregularitiesThe court also granted relief to a person who was allegedly operating as a broker on behalf of the then cabinet minister of the…
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