A recent Supreme Court decision has raised concerns regarding the right to default bail and the potential prioritization of investigative authorities over the constitutional rights of the accused. Default bail refers to the right of an accused person to be released on bail if the police fail to complete the investigation within a specified period. The decision directs lower courts to decide pending default bail applications without relying on the court's own judgment in the Ritu Chhabaria case.
The decision is seen as alarming because it may
compromise the right to default bail and have serious implications for the
constitutional rights of the accused. It is argued that procedural legitimacy
should not be sacrificed for administrative convenience.
Default bail is a statutory right enshrined in
Section 167(2) of the Code of Criminal Procedure (CrPC). It allows an accused
person to be released if the investigation is not completed within a specified
period. The Ritu Chhabaria case held that default bail is not just a statutory
right but a fundamental right derived from Article 21 of the Constitution,
protecting accused persons from the arbitrary power of the state. The case
clarified that an incomplete chargesheet filed by the investigating agency does
not defeat the right to default bail.
Other cases related to default bail have
provided additional interpretations and clarifications. However, there are
arguments both in favor of and against default bail. Proponents argue that it
upholds the presumption of innocence, protects civil liberties, promotes
rehabilitation and integration, prevents abuse of power, balances detention and
liberty, and reduces prison overcrowding. On the other hand, opponents argue
that it may pose a risk by granting bail to potentially dangerous individuals,
undermine the investigation process, compromise accountability, and impede the
rights of victims.
To move forward, suggestions include reviewing
and refining time limits for filing charges, involving judicial discretion in
granting default bail, imposing stricter scrutiny and conditions, expediting
legal proceedings, and adopting a victim-centered approach that recognizes the
rights and interests of victims.
The debate surrounding default bail raises
important questions about the balance between individual rights and public
safety, highlighting the need for a nuanced approach in the criminal justice
system.
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