Bail, not jail' is not a slogan, but the manifestation of a right to personal liberty given to an arrested person, flowing out of Article 21 of the Constitution of India. The basis of this is the internationally accepted principle that a person is presumed to be innocent until proven guilty. Unfortunately, certain crimes have led to the introduction of a reverse onus on an accused person with the result that there is no presumption of innocence. Examples of crimes providing for a reverse onus include economic offences, possession of commercial quantities of drugs and terrorist offences.
Historically, economic crimes have always held a special place in India. Conservation of foreign exchange and smuggling activities led to a law authorising the executive to preventively detain a person violating the provisions of the law. The law is draconian and the Supreme Court has delivered several judgments holding the executive to account and ensuring that the procedures for detention are rigorously followed. Wherever the executive fails to adhere to the strict letter of the law and judgments of the courts, the order of preventive detention is quashed. A similar rigorous interpretation is given to the provisions of the Narcotic Drugs and Psychotropic Substances Act, which is also draconian. The message sent out by the courts is that personal liberty is not to be trifled with and in matters of detention, procedural law is as important as substantive law.
Esta historia es de la edición April 14, 2024 de THE WEEK India.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 8500 revistas y periódicos.
Ya eres suscriptor ? Conectar
Esta historia es de la edición April 14, 2024 de THE WEEK India.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 8500 revistas y periódicos.
Ya eres suscriptor? Conectar
Indira's Bang
How Indira Gandhi secured the borders, ended food import, before going for the test
Who's Afraid Of A New Nuclear Doctrine?
It has been 50 years since Pokhran I. With its capabilities increasing and global power equations changing, does India need to look at reviewing its nuclear doctrine?
I don't think things will change because of the win
When independent filmmaker Payal Kapadia’s All We Imagine As Light scripted history by winning the Grand Prix at the 77th Cannes Film Festival, it was not just a proud moment for the film's team, but also a triumph for the collective aspirations of women across the country.
Sid for kids
As a child, Sidhartha Mallya wished he had someone in his life to tell him what he wants to convey in his latest children's book, Sad Glad
Ready to roll
Following the Pokhran tests, India has operationalised a credible deterrent that the nation should be proud of
Breaking nuclear apartheid
How India protected its ability to move ahead with the nuclear weapons programme despite not signing the NPT
Power point
The Pokhran tests launched India's march towards being a full partner and participant in the global nuclear order
Shock and awe
India’s comprehensive capability in the nuclear domain is the result of its autonomous pursuit of the atomic programme against all odds
Spied on none, stole from none
A senior scientist during the Pokhran test in 1974 and chairman of the Atomic Energy Commission during the tests in 1998, Dr Rajagopala Chidambaram has been a key figure in the Indian nuclear journey.
Leader with a difference
ARVIND KEJRIWAL'S RETURN TO JAIL APPEARS IMMINENT. BUT HIS BLISTERING POLL CAMPAIGN MAY HAVE BRIGHTENED INDIA BLOC’S PROSPECTS