It is an established principle of criminal jurisprudence that in the absence of specific countervailing factors, there is a general presumption in favour of bail. This rule is a natural extension of the very foundation of the modern legal system, which proceeds on the assumption that all persons are innocent until proven guilty. The enormous public anger against the scale of corruption and fraud, and the brazenness of the conspiracy, involved in the 2G spectrum scandal is understandable and must be commended. But the ‘grave magnitude' of the case should not be allowed to detract from the basic legal principles underlying the grant of bail. But this is what seems to have happened in the CBI special court's denial of bail to DMK MP Ms Kanimozhi and seven others in the 2G case. Given that charges have been framed and the case will go to trial in a few days, why should they remain in jail? The contention that they could tamper with evidence is unpersuasive — the gap between the time the 2G licences were issued and the probe was initiated would have given all accused enough time to destroy or conceal whatever they wanted to. The court maintained that the accused, being influential, could influence the witnesses and prejudice the trial. But the obvious answer would be to place certain restrictions on their movement and activity. The unstated implication of bail denial is that the accused should be in jail until the trial is over — a position that is extreme. The court also ignored the fact that some of the usual grounds for refusing bail — such as the possibility of the accused fleeing from justice or repeating a similar offence — do not apply here.
Unfortunately, the attitude adopted by the CBI vis-à-vis bail for the accused was inconsistent and hard to defend. While it opposed bail to a few high-ranking telecom company executives, it chose not to do so in the case of Ms Kanimozhi and others connected to the alleged payoffs to Kalaignar TV. Ostensibly, this was because the latter were accused in a supplementary charge sheet and under sections where the maximum punishment is five years (as opposed to seven). What this unconvincing argument did was to harden suspicions of political motivation. It is good that high profile cases such as the 2G scandal evoke public outrage, but it is imperative that the criminal justice system is not led by public opinion and emotions. The denial of bail does not presume guilt; nor does the grant of bail imply innocence. The job of the criminal justice system is to do its best to see that all the guilty in the 2G scam are convicted — it is not to make the accused languish in jail as undertrials.
Keywords: 2G scam, Kanimozhi bail
That the grant of bail is treated as innocence is itself a telling indictment of what the reality is.Now it will drag on thanks to the lawyers and their self servings ends while "upholding the majesty of the law".And talk of Kani being given additional responsibilty for having undergone a jail term never mind the 200 crore misappropriation that the prosecution will choose not to prove. That such actions are sowing the seeds for long term damage and decay of the nation is either not understood or more likely, of little consequence to the ones who are in political life.
See how easily the political class closed ranks at Anna Hazares gaffe on the shard pawar slap, when in reality many common people shared Annas view.The writing has never been clearer, its the political class versus the citizens of this country.I hope the latter prevails, at least 63 years after we gained Independence from the British .
Nothing brilliant. Some view expressed. Has a right to express. That
way edit is. Bail is not a right at all. If it is so why a thousands
of accuseds are still in jail. Where is this edit writer?.
These is nothing fundamental as a right against bail or otherwise. It
is for the court to decide on the basis of cogent prosecution
statement of complaint.
It is just like 'thadiedduththavan ellam thandalkaran' principle
cannot be applied to issues of bail.
Here Kanimozhi's side was really not properly argued by her lawyers
for her bail, why even by Jeetmalani.
Other advocates you do not have to high light.
Yes Advocates have the right to plead for bail for their clients
different spurious pleas. If prosecution complaint if proves there
will be clear interference by the accused on other witnesses, then
bail is indeed postponed till the investigation is over.
Here her interference is surmised by her status as also her father in
power in Tamilnadu and in union government.
As mentioned in some of the comments, my sympathy too is reserved to those who have suffered from the politician's transgression rather than the extended jail sentences.
I say, make sure all influenced are incapacitated while the trail is on. That may involve restriction of the accuse's known aids and well-wishers.
This maybe an extreme but necessary step as the first priority is indeed delivery of justice.
i truly agee with judgement. they could have done this before itself because there is no pont in keeping them in jail because they may repeat this mistake. i hope kanimozhi and others and other indians do not do this mistake.
I completely agree with Editor's view. The basic rule of law should be followed and should not be affected just based on public emotions.
The only thing which stands out in the whole scenario is the role of CBI. What exactly is the investigation agency doing to ensure that the guilty are convicted? Politically influenced seems to play a role here.
There is always a clash between the mind and the heart and judges are expected to be ruled by the mind and not by the heart. They should be highly rational and should not be influenced by public anger or emotions. They should not associate themselves with any political party or religion. They should look at things through the glasses of justice. Quite unfortunately, in India some judges do not have these characteristics. That is quite evident in the case of Kanimozhi who has been denied bail.
I think it is DMK MP Ms Kanimozhi has been rightly denied the bail by the court. Accused, no doubt, have right to not to be punished untill their guilt is proved. but purpose of detention in such seious offences at stage of trial is not the punishment but to make sure a just trial of offence in court of law for not just for victim but for protection of whole society from crimes. And such a trial is possible only when not only accused remains present in court for his trial but also when all true evidence through witnesses or otherwise reaches the court. Further it is also true that a crime as henious as present one, which carries such grave punishment and accused who is so powerful who say in political cirles , influential and also rich as DMK MP Ms Kanimozhi, there seems more than likely that theser people try to shut up the witnessess and destroy the evidence specially when it is well established fact that politicians are inherently criminals by nature due to whatever reason as may b
Such a highly opinionated column in recent times!! I never imagined
that The Hindu would publish such an article which would suggest to
teach the honorable judges about 'obvious' choices in criminal
jurisprudence! We have already seen such an enormous abuse of power
and also the death of a possible witness Sadiq Batcha. How can we
now believe that they will not tamper with evidence and be 'law
abiding citizens'. This line: "The job of the criminal justice
system is to do its best to see that all the guilty in the 2G scam
are convicted — it is not to make the accused languish in jail as
undertrials." - is condescending and offensive. Newspapers should
not decide what the job of a judge is, it is best known to judges
themselves. I request you to maintain the sanctity of judiciary system in
India.
I pity all undertrials, including Ms. Kanimozhi, who are languishing in jails. The courts should double up their efforts to clear all their cases by punishing the real culprits and letting others go free. I don't know how many thousands of innocent people are in jails - a large number of them might even be children. Why we show such apathy towards them? There must be some time limit these undertrials can be kept in prisons; after the time elapses, all of them should be automatically set free. Only then, the prosecuting agencies and the courts will start expediting the filing of cases and arriving at decisions.
I fully concur with the editorial THE HINDU
once again the CBI surprises with its actions. while it opposed to the
bail plea of the executives of big telecom houses, it kept mum on Ms
Kanimojhi!! not to forget Mr Karunanidhi meeting with congress
president Ms Sonia Gandhi few days ago, in which she assured him of
all possible help.
isn't congress once again influencing CBI???
i wish CBI was an independent body as anna ji wants janlokpal to be!
mr rahul gandhi might make a sensation just within congress party by
saying "lets take it to a higher level and make lokpal a
constitutional body". but CBI is a prime example of misuse of a
constitutional body!!!
commendable editorial when investigation completed accused must be given bail. perception adopted by Cbi court is hard & seems motivated by magnitude of case
1. With reference to the author's statement - "....But the obvious answer would be
to place certain restrictions on their movement and activity" - what restrictions
would these be, and how does the author propose to implement those without any
undue burden in this specific case on the Indian taxpayer?
2. What is the objective criteria that is used by our justice system to be satisfied
that an accused will not flee justice and not commit a similiar crime prior to the
trial outcome? In case this criteria is sufficiently satisfied, is posting a bail amount
even necessary in that case? (specifically interested in this last case since we are
sure to have a large number of undertrials without the financial means to furnish
any sort of bail amount)
3. How large are these bail amounts anyways? And in the case of a financial crime,
wouldn't an actual guilty person be more likely to come up with this amount?
In a system, which cannot ensure punishment for the guilty......in a swift and efficient manner, most political-criminals fail to get convicted. Failing to get bail ..... will sure act as a deterrent for politicals game-masters. When Satyam-Raju got bail in nearly third year in jail, whats the hurry for these people.
Do the same people when in power show any regard to dispose cases, files or decisions quickly?
The bill for prosecuting a corrupt politician should be sent to
his/her party headquarters for payment.
I totally disagree with the editors views. The criminal justice system is doing just
fine, thank you!
It's the politico-police-media nexus that needs to learn a lesson from the Judge. If
you deny justice and protection for the nations citizens, the favor will be returned in
kind.
I find this piece very amusing..
while lakhs of undertrials languish in jail even during trial, this editorial builds a
case for high profile accused of a widely publicized case which is still at its pre trial
stage. I am highly surprised that the basic tenets of india's criminal justice system
are sought to be invoked for the defence the accused in 2G case.
I don't agree with the opionion of the author.
A BRILLIANT EDITORIAL.ARE THE JUDGES PLAYING FOR THE GALLARIES LIKE ANNA?
Sir ,you yourself say that, if freed, people involved in 2G scam will influence the course of justice and then you say that it should be granted giving the reason of natural laws of justice.Then i have one question for you are laws made to provide justice to people or people exist to carry set norms of laws which are hampering the nation
While I agree with the article on principle, I completely disagree with the criticism of the
decision in this case. While, bail and not jail should be the norm in usual circumstances, this
case is extraordinary both in terms on the scale of money, the impact on nation and the
power and influence of people involved. I believe there is very high possibility that the
accused would interfere with the witness if let out. So sorry Hindu, I disagree with you this
time.
Yes I Agree With Editor's site,
All this outpouring of sympathy would have been credible if such an
Editorial had been published, not for DMK cadres but for any of the
thousands of under-trials serving jail terms for years, often much
more than they would have served even if found guilty. These poor
folks, including those arrested on fake dowry-harassment claims can't
afford lawyers, nor do they have close connections to pseudo-liberal
"journalists" to argue their brief.
The legal amendments that prevent arrest unless there is non-
cooperation has not been notified - because of pressure from
'criminal' lawyers who feel their loot, presumably shared with all
'stake holders' will get reduced if there not threat of lifetime
behind bars without trial or justice, is removed. It obviously does
not serve the personal interests of our policemen too.
In decent countries, people arrested are either brought to trial
quickly or given bail. In India that can never happen..in our lifetime
because key players dont want it.
I agree with the point of the author, in high profile arrest the arrest is not made without enough evidence.while there are enough evidence the law should act more swiftly, having people in jail doesnt mean the proofs cannot be tampered.High profile people dont need to be out of prison to tamper evidence they can very well do the same from inside. Saying that i do fail to understand concept of bail in high profile cases,when you have taken the time to make arrest,swapping jail time for bail money makes no sense. A regular citizen doesnt benefit out of bail, should the law be any different for high profile people?
The arguments against the issue of bail for some accused are not convincing as the CBI looks partial. That must be the only reason why the judge is against bail to any one. Politicians yield more power to tamper than officers.
In any case the denial of bail is tantamountng to illegal detention when the case is already filed.
Many in public are jubiliant because MP Kani is Karunadhi´s daughter. But we are missing the argument:1) she is an individual and deserves justice and should be given bail. 2) My sympathies towards Karuna sufferring as any father´s sorrow. Extra legal arguments like she is the daughter of Karunanidhi have no place when one suffers.
Kanimozhi is not the only one who can tinker with the evidences - her family members too.. All of them from the three families of MK need to be put behind bars.
Like to congratulate Editor for heartfelt publish.But In this critic editor played a diplomatic role by concluding that "The job of the criminal justice system is to do its best to see that all the guilty in the 2G scam are convicted — it is not to make the accused languish in jail as undertrials." Appreciating effort in showing value of public opinion in legislative system in Democratic Country like India
I do not agree with your views. This case is not an ordinary one and
people involved are very highly influencial -capable of
tampering/buying and eliminating witnesses. Also CBI's stand was
puzzling.Being an extra ordinary case judge has refused bail which I
feel is fully justified.
The editorial has been jolting. why invoking 'legal' principles in favour of the corrupt people who robbed the nation. keeping the gravity of the offense in view, the bail has been denied. There is every possibility of tampering with evidence to escape from the punishment. No misplaced compassion, please!
It is apaaling that the author is in favor that bail should be provided to Kanimozhi and all the other accused in the 2G scam.
The assertion that these accused people could have destroyed the evidence already is not justifiable; if not already destroyed what is the guarantee that these "Powerful people" will not use thier might and there influential clout to get things done in their favour.
Therefore the court is right in not giving them bail keeping in view the sensitivity of the case.
Why should not the Hindu go and replace the judge itself? why must there be a judicial system if everybody can criticize a verdict? So long as there are politicians playing on the innocent people and robbing them of their confidence, so long as there are media inimical to the welfare of people and development of the country there can be no true verdict but parody of justice. this is what the Hindu is ardently engaged in doing. If the Hindu truly introspects itself. it would definitely feel it has no tongue to speak like this. But it wouldn't, for it has always been swaying like weathercock with vested interests.
I strongly disagree with writer's views. The argument posed in the
column has been written assuming every thing is good about our
judicial system. It has totally ignored the system is in shambles and
is incompetent. Common man is increasingly getting disenchanted with
it. This system has not worked effectively certainly proving it has
flaws and the presence of provisions that grant bail to such people is
one such flaw. Dear writer, it takes years to register a case and days
to get a bail.
There are millions in our country who live without dignity and with
hunger because of such people. These scams are a reason behind the
hunger deaths and deaths due to malnutrition. If AFSPA and POTA are
needed for externally supported terrorism then we need stringent laws
for this internal tyranny leashed by our very own people whom we vote.
In these harder times, harder measures must be taken.
Honorable judge quoted reasons and rationale behind reject her bail. Editorial correctly argued that everyone is innocent until guilt proven and in this case and it magnitude and it motivated Anna Hazare to sit for strong lokpal bill and people across the country express their anguish against central government for loss of exchequer and still debate and discussion going on in electronic media. Court set an date for trial and once its starts will help judges to determine who is guilty or not in accordance with hearing of both the parties and other evidences. To keeping her party influence in the center may lead to tarnish evidence and possibility of threatening the witness to not trun to court. So let cool their heels in Tihar at least for final verdict or conclusion of trial.
The contention of this editorial is in the realm of contempt of court. The judgment is given by an eminent and learned jurist taking into consideration all relevant contexts. The editor should use discretion prior to publishing such editorials which is not in the larger interest of the people. The magnitude of the 2G scam has given the people one voice and paved way for introduction of the Lokpal Bill in winter session of the parliament. The present law and bail conditions are inadequate to deal with such huge embezzlement and may lead to changes in the statute concurrently with the Lokpal Bill discussions.
Calling a spade a spade has always been its dictum and that is why 'The Hindu'stands tall among its peer dailies!If we read every syllable of the editorial with a clean mind and without any prejudice and against the backdrop of bail Yeddiyurappa getting his bail and one of the learned judges of the Supreme Court recusing himself from a case that came before him two days ago,the intrinsic and priceless value of the editorial could be clearly understood!
Justice Saini has done the right thing. The Hindu is doing exactly the stuff that Justice Katju has been highlighting, distorting and misrepresenting actual facts. Justice O.P.Saini has clearly stated his decision was based on the extraordinary magnitude of the crime committed, the largest in Independent India and also in the world and one has to commend him for his courage because in India today, only the Judiciary is working as it is intended to. Every other governmental organization including the CBI is in the pockets of the ruling party. How else could one explain the bias in CBI's stand where it selectively opposes the bail of some and has no objection in the case of others? Hindu should have pointed out this bias and discussed this in detail to make it a fair editorial.
The denial of bail to Kanimozhi and the rest is by no means tenable under any civilized system of jusisprudence, charges have been framed, the investigation agencies hav done their job and have not opposed the bail , and why languish them further in jail. A bail may not be a right, but here what is the compulsion and the need to detain them any longer ? The editorial in your newspaper was indeed a worthy reading, Good insight indeed !
It is an established principle of criminal jurisprudence that in the absence of specific countervailing factors, there is a general presumption in favour of bail. The murder of sadiq basha, is an evidence to prove these accused are absolute guilty.
Such editorials which often dumped on us, comes when powerful are in Jail - and this always proves sth is fishy. What is the loss of such people staying in Jail?? At least they will have less strength to suppport their case which is good indeed. Will Hindu take Guarantee that the evidences will not be tempered or witnesses will not be lured or threatened??? More than moralistic view we should adopt pragmantic approach in cases which impacts the Nation.
Hearing the Judgement of Bail denial I Come to believe Justice Exists in Our Country.Reading Your Editorial I Fear Media too has become Corrupt.
Congratulations to The Hindu Editor for his bold editorial. The Editor is 100% correct to say "It is an established principle of criminal jurisprudence that in the absence of specific countervailing factors, there is a general presumption in favour of bail. This rule is a natural extension of the very foundation of the modern legal system, which proceeds on the assumption that all persons are innocent until proven guilty." He has rightly concluded his Editorial by saying that "The job of the criminal justice system is to do its best to see that all the guilty in the 2G scam are convicted — it is not to make the accused languish in jail as undertrials." Long live Freedom of the Press. Long Live Indian Democracy.
In a letter addressed to President of France, Emile Zola, accused the government for the unlawful jailing of Alfred Dreyfus, a French Army General Staff officer, sentenced to penal servitude for life for espionage. Like the great literary figure Zola, the Hindu has also taken up the cause of people who are denied their legitimate bail.
I disagree with your editorial. It has been established that Rs.200 crores was received as bribe and only when they start investigation a blatant attempt was made to convert this as an unsecured loan. What is the locus standi of this loan? Just because she is the daughter of an Ex. CM she cannot be given this privilege of bail. She should be convicted and should serve the entire period of the sentence like a common criminal.Then only people in high places will have a fear of indulging in corruption.
With the money and power she has, a lot can be done if the bail is provided. Witnesses could be influenced, threats, buying evidences, destroying evidences, and a lot more. Its up to the court to decide if the bail should be provided or not. And the court has decided against it. I guess the court has much more insight into the case than our article writer and has much greater knowledge of the Law.
your editorial presents the correct legal picture;however I am not sure you would have adopted the same stance, if the personalities involved are different.However,we can be rest assured not a single person in the list will be convicted.All will get acquitted and some may rise to big positions based on this imprisonment.
It is not correct to argue that the gap between the time the 2G licences were issued and the probe was initiated would have given all accused enough time to destroy or conceal whatever they wanted to.Granting bail is like giving the accused a second chance to clean the evidence in case he/she has messed up anything in the first chance offered.
Criticising any judgement is the most unwarranted act. Let us not get agitated by these pronouncements as one can appeal to higher courts. Based on our previous history and adoration we offer to our leaders, we can deduce our own conclusions of the final outcome.
I disagree with this editorial..how can bail be given to these people...the money they stole...would have gone to help so many people..to save so many lives...they ofcourse can't be charged with murder as they haven't killed anyone directly..but giving bail to them would be out of the question as they can influence witnesses and evidence and they can flee the country which given the amount of money they have would make it very easy for them to settle elsewhere...as bail amounts are still a joke in this country...
I also do not agree with your editorial column. Since lot of earlier precedent are there to deny bails in such type of rarest rare cases. Mere filing charge sheets or he/she has over stayed in jail doesn't mean that they are entitled for getting regular bail. We should see the gravity of this case and peoples involving in this case are high profile politicians and bureaucrats. That's why I think that our great "Rajaa"(lawyer by himself) did not apply any bail at all till now.
While fully agreeing the view expressed by you, and with due respect to the judicial system, let me express my some doubts: (i) why the concern and anguish shown to the above said people was absent until now when hundreds and thousands of undertrials are languishing in jails of our country for years? Is it because they are not heavyweights of any nature? (ii) Do you feel that the arguement of "they could have tampered the evidences before etc.etc" are worth enough to defend their bail application? I feel, instead of allowing them to go out and allow them to make the trial a mockery (which we have seen a lot in our country), let us allow the trial to be completed as early as possible with due punishment to the culprits, and make a precedence for completing trials well in time.
Bail should have been granted. I agree with the views in the Editorial.The views expressed by the Judge seems that he has come to the conclusion that all the accused are to be convicted even before the trial begins. This is against natural justice. The Supreme Court should intervene in the matter and all accused should be granted bail irrespective of the gravity of the offence and charges. They should enjoy liberty till they are finally punished.
Then according to your view all those under trial should be given bail ? Because they are also in same condition... why special mention of Kanimozhi only ?
While the CBI tries to make a case out of the 2G Scam, It has failed to pursue the truth. We can only expect judgement from the court and not Justice.
I fully disagree with the content of editorial.!Taking into account the sensitiveness of the case and the impact the kins of the accused are having on the the government system,it would be inappropriate to grant a bail.It is almost certain that with the accused being out of jail will influence the case in a wrong manner.Also this will result in a bad precedent among the commoners of the land.
Does the past not speak out loudly about our mistakes?? Or does the media not want the country to progress?? For in my view, the media is making a headline for the sake of making a headline, and am sure the fourth pillar knows all about the number of politico class that have been convicted before and gone scot free...... Further, given the high stature of these ppl and their innfluence, it is indeed a good thing, they remain behind bars so,only their alibis and they themselves can have a hand in how things can be tampered with, right?? Oh, there were times when I used to revere The Hindu as more than just a newspapers, with editorials like these, I guess its going to the standards of tabloids... how times c
Kudos to the editor. The HIndu has again asserted its impartial stand.
I do not agree. It is not fair to raise questions or doubts on the decisions of the courts, particularly, the Supreme Court. It is to be always kept in mind that the judges of our Supreme Courts are learned professionals in their own field and always have valid reasons for their decisions. The editor of THE HINDU should not think he is more qualified than the hon'ble judges. The judges go by the specifics. If the editor thinks that his views would sway the decisions of the judges, he is utterly wrong. His writing has no more value than filling some space in the newspaper.
Justice Saini has done Right Thing. Justice should not only be done but must be seen to be done. By denying bail to powerful, justice is shown to be done particularly in view of Thousands of people languishing in Indian Jails without TRIALS. Media should focus on their Plight instead of Rich & Powerful who can afford all expensive Advocates like Jethmalani.
To a certain extent I agree with you. Basic legal principles should be followed. But at the same time we got to keep in mind that extraordinary situations or circumstances demand exceptional actions. 2G case is the classic example of extraordinary circumstances where two ministries colluded with corporate in order to give later an edge on natural resources of the country. In my opinion it is only proper to take exceptional action on the conspirators of such magnitude and set an example to ensure that these types of matter will be dealt in such strict manner. It is also equally important to send a message to common man that law is same for both poor and rich. One may argue that if it is then basic principle of granting bail should be followed in this case. But we should keep in mind that the extraordinary power these culprits enjoy require exceptional measures. It is only fitting to take such steps in order to deal with such shameless power chasers who call themselves public servant.
Referring to specifics, if I remember it correct, a chief man of A.Raja and Kalaignar TV , who earned crores within a span of 5 years was murdered the previous night before he wanted to turn in to the CBI as a witness.As the writer pointed out, they carried out this scam in a brazen manner and it is only after the CBI started digging deep, did they start covering up facts. Based on facts, it becomes clear that the CBI is right in its explanation and the author seems flawed or he leads us to believe that he has different inclinations.
Most of the arguments levelled against the decision in the ed are straw men. Particularly inane is the argument that had the accused so desired they could have destroyed or concealed evidence even before the trial started. It is common knowledge that the trial process throws open an array of witnesses and incriminating documents that may hitherto be unknown to the accused. Considering how well heeled/placed the accused are it is only reasonable to presume that they might destroy incriminating evidence that have surfaced during the trial.
The murkiness surrounding Batcha's death is still fresh in our minds. Justice must not only be done but also seen to be done, though Kanni and others have not been proven guilty, considering the gravity of the offense no stone must be left unturned to show that the trial process was not vitiated in anyway and to this end the incarceration of the accused is imperative.
In the battle against corruption, the courts must not become intolerant and compromise on principles of modern jurisprudence -- or else it will put us back in evolution and set a bad precedent which can be misused by wrong people in the future.
The argument that "they had all the time in the world to destroy evidence" is not valid in this case. CBI has accused them of forging the documents to make the payment as "loan" only after the investigation reaching to the point of arresting Mr. Raja. There is a general perception and opinion and it may be quite valid that this people involved believed that no one could touch them given their control of state government at that time and they had power in the center as well. Hence there is this opinion that entire set of crimes were done in such a open manner. Hence there is still a big threat that witnesses / evidence can be tampered with. It is the same point Judge Saini observed that given her position in the society, should not be let go on bail at this time.
There is also no such "unstated implication" that they will be in jail till the trial was over as Judge has mentioned that once the witnesses have been deposed she can apply for bail again. This is a good judgement.
As I found in Yesterday's editorial "The denial of bail does not presume guilt; nor does the grant of bail imply innocence. The job of the criminal justice system is to do its best to see that all the guilty in the 2G scam are convicted" is the best statement that the Hindu Newspaper has given in its editorial. Indeed its an important information for public...not to misunderstand or mis-interpret any case or any person unless he/she is proven guilty and penalised by our judicial system.
From the evidences, it is more or less clear that the accused are guilty in 2G scam case. Rejecting the bail plea of them is a commendable action because it prevents other high collar people getting involved in such scandals.
good article....if an ex-MP can be denied bail on grounds of tampering with evidence why wasn't an ex-CM Mr.Yeddyurappa denied a bail on the same grounds.....such inconsistency in our justice system is baffling
Bin laden could have been caught and tried in the court of law by the US. But it did the right thing by killing him and no eyebrows have been raised. Look at the Kasab case. Is any right thinking person, particularly ask those whose kins were killed in cold blood by him, appreciating the going on and on of the right leagal process, of which you are clamouring for in 2G case in which huge amount of public money got lost?
We don't expect this from The Hindu to advocate these crooks Please don't state these rules in favour these persons. There is hope of justice until these people are behind the bars if they would let to go outside this "2G" word will be vanished. The report of our CAG will go in vain. The very hard work done to get these culprits behind bars will go in vain. No person will dare again to raise voice against the unfare events. in India the duration between arrest and the grant of bail is the only time when our politician remain in jail.
when the rich and the powerful languish in jail, it hurts and a serious newspaper like The hindu, goes to the extent of finding fault with the judgement and try to counsel and give a sage advice to the judges as to what they should have done. The last sentence in your Editorial has been written, either without proper application of mind or driven by personal compulsions?The Editorial should be written with a detached attachment. Who is to be blamed, if the courts play to the gallery or to the public perception? If Kani alone is granted bail, what kind of dispensation, it will be , when a score of corporate big wigs and civil servants are languishing in jail?Thanks to Mr Subramaniam Swamy , the Apex court took charge in this case and a few politicians are in jail facing the trial. People want to know whether the govt will get back the looted money? Please continue to address this issue till the end instead of worrying about a few known individuals.
Nicely said. Sadly, the major beneficiaries of 2G scam are out there ruling our country.
DO U support the CBI's version of opposing bail to some and not opposing granting bail to Kanimozi? THe Hindu should do research and suggest ways to detach CBI from government's control and make it a autonomous body like Judiciary and then we have to see how it function. IF all the politicians are corrupt and their children are behind bars, how can we expect CBI will oppose Bail when CBI is controlled by govt? Is there a time limit for prosecuting a criminal case in India? Even the amendments made in 2002 for C.P.C is not yeilding expected results. For example CPC 2002 amendment restricted 90 days time to file written statement after receiving summons in the suit. Do u think courts hands are tied in refusing time if written statment is not filed in 90 days? Indians should launch a movement to adopt legal system like that of those countries which delivers speedy justice . EVen for grave offences, in criminal cases, even today, courts are granting bail for small sureties.
The denial of bail does not presume guilt; nor does grant of bail presume innocence say
If the editorial Bail Vs Jail article is pertaining to a issue in the interest of nation, it is plaudible. But, the editorial says as per the crl. judicial system, bail should be granted. IF the editorial has focussed on the change in the system in comparison to the crl. justice sytem of other countries and how they handled offences of this nature, readers would have more englightened. I have read a news some time back that a case similar to SATYAM RAMALINGA RAJU in USA occured exactly the same time it happened in india. The accused was sentenced to imprisonment in USA since the very trial is completed. IN india, Raju suddenly out of jail on bail and again supreme court intervened and cancelled the bail on CBIs appeal. What is your opinion on this ? Hindu must emphasise and show ways to improve crl. justice system but not to support the flawed and poor legal system.
Judge Sini's interpretation of Section 437 Cr.PC is totally illegal. A woman is a woman woman whether she belongs to the upper echelon of society or lower strata of society. The framers of Section 437 Cr.PC had the general physical weakness of woman in general and did not make any distinction. Leveling chargers against the accused on a Bail petition before conviction is another glaring legal flaw.
In this melee of public anger, are we compromising basic foundations of judicial system. The rejection of bail order, prima facie, seem miscarriage of justice. All know that the CBI habitually enlists hundreds of irrelevant witnesses to be examined during the trial. An example ; in case of Satyam Computers trial it originally listed around 600 witnesses which number was later reduced to 200 witnesses (though this matter itself sparks a question ; who in the first instance in CBI enlisted irrelevant witnesses). It means that this premier investigating agency itself is not sure about the witnesses to be presented in the trial so as to fortify its case before the judge. A highly dismal rate of conviction in the investigations done by CBI is pointer to the fact. We have heard that in 2G case the CBI will present around 200 witnesses. Now, suppose after the examination of huge witnesses, the court reaches to the conclusion that, say, one of the accused was innocent ; then ?
I beg to differ on your opinion. The reasons are
1.How do you deter these corrupt politicians and tycoons from committing the scams of this enormity in the future? 2.No bail for these filthy rich and politically influential people. A thief is caught red-handed. Do you want to give him bail until the trial begins? 3.These accused persons had more than enough time to destroy all evidences. Out on bail more evidences and witnesses would be deleted and destroyed. 4.Out of jail, these accused may disappear into the woods in a foreign land or luxurious deserts like Dubai. 5.The 2G scam is beyond all the principles of criminal jurisprudence.The court has to be strong and relentless. 6.These accused are not suffering in Tihar Jail , like the ordinary criminals. I believe the above sentiments will be shared by the readers.
I agree with your views. No doubt that this is a high profile case and pertains to corruption by people in high places and amounts involved are thousands of crores of Rupees.The case, therefore, is under international and national media focus and every minute details are being discussed and debated. This is precisely the reason that necessitates strict compliance with the established legal principles. Furthermore, it also requires speeding up of the trial process. It took more than 6 months just to frame the charges. One does know how long it would take to conclude the legal proces. It may take years and after that there would be appeals in the high court and the Supreme Court. Long drawn legal procedures and back-log of lacs of cases cause inevitable delays in our legal system and no one can do anything about it. Given this scenario, one wonders for how long the bail would be denied to the under-trials. I hope that the period is not more than the maximum applicable punishment.
It is indeed unfortunate that Judgements of honourable judges are criticised in the Media and TV Channels, thus undermining one of the last remaining edifices of justice system , which only seems to be working in this country. The Judgement has clearly indicated the enormity of the crime and the possibility of Witness Tampering in which the political class of this country have unquestionable mastery, thereby walking away scot-free ,making a mockery of the Justice system. In the unusual circumstances stated above, bail can be denied and hence denied. That Newspapers such as THE HINDU should join the chorus of those who dont have the benefit of seeing all the evidences and papers in great detail, which the Judges have, is indeed sad and probably the first time when it chose to criticise a Judicial judgement, which even the unscruplous poltical class refrain from these days.
I appeal to the Media not to undermine the last remaining bastion of justice in this country.
I disagree.
In India how efficient the judiciary is, all well known. In this context let us ponder what happened to past corruption trials, especially where politicians are involved. Some one is charge sheeted 19 years ago for a meagre couple of crores amassed during her tenure as CM of a state. That trial is still going on. For the very first time she attend the court for that charge only recently (strange 19 years later). The convict deliberately put in place all sort of hurdles for not letting the trial to go, first it was the choice of place then language (strange to say she dont understand English, when she can speak in English on TV). That very same person became CM many times since the charge. That is why convicts has to be in jail for speedy trial. Many such corrupt people are law makers who escaped the jaws of law through sheer blatant avoidance. Any way Kanimozi is enjoying VIP treatment in jail. For her sake let her co operate and speed up the trial. If she is innocent let her go home.
Thanks to the Editor of Hindu for pinpointing Hon. Saini's folly. I applaud the editor for his/her courage in writing this editorial. Unless the accused persons have committed capital murder i don't see any reason why they should be denied bail. You are innocent until proven guilty and it should be the foundation of any normal legal system. Unfortunately the Indian legal system appears to be very schizophrenic these days. The Indian leadership at both local & national level believe that by growing the economy at 8-10 percent will solve all the problems that ail the country. They are sadly mistaken. Unless and until India treats her own citizens fairly with dignity & respect the country will never fullfil her potential. A sound and fair legal system is the bedrock for sustainable economic growth and prosperity. Otherwise , India will always take one step forward and ten steps backward.
Sir, You may be correct when you say that Hon. Judge should have released MK's daughter, but if I think deeply, the honourable judges action makes sense. If bail was given for these five, it will look like accused who were directly got the booty are out in bail and the telephone secretaries who may be just witnesses are in jail being denied jail. Doesn't it look a bit weired? I think its CBI which made the Hon. Judge to do this may have done this with some ulterior motive.
Though i not here to side anyone, find your point of view and special concern for Under trials amusing. There are lakhs of people in Indian jails as under trials, why only them?
This is a brilliant editorial and the last line "The denial of bail does not presume guilt; nor does the grant of bail imply innocence" is poignant. The perceived politicizing of the issue by the CBI seems to have coloured the judgement, which is very unfortunate.This is partly because the CBI itself is seen to be biased. But, until matters of right and wrong are kept apolitical and politicians are seen to be clean,less than fair justice will be the norm.It is a stark contrast to see that, despite allegations of huge insider trading, Rajat Gupta has been granted bail in the US. One wonders why kanimozhi did not get the Yedurappa treatment!
Given the fact that how high and mighty in the past have used their bail periods to cajole, influence , bribe and even eliminate witnesses and thus escaped getting punished for their wrong deeds, this is a sound judgment, which as expected, is being welcomed by a large majority of Indians.
How can you be so sure that these persons will not run away from justice or will not use their power and influence to intimidate witnesses?
I fully agree with this editor view.
What the Hon. Judge pronounced on this application can just not be faulted. How can an accused liable for a 5 year sentence be differently treated from an accused liable for 7 years when all of them have been involved or purported to be involved in the scam? Only a convoluted lawyer advising the CBI could have come up with such an argument. This patently brings out the CBI's bias towards the political class. The Hon. Judge, who is known for his no-nonsense approach, did well to dismiss the bail plea without discriminating the accused. It can be argued endlessly in your columns that the Hon. Judge could have shown leniency and granted bail to all of them. But then there are so many languishing in various jails accused of petty crimes and probably have served more time than warranted. How does a politician become eligible for being shown leniency when that person becomes a facilitator for perpetrating corruption? We have lost all options but to act tough against such organised crimes.
The editorial is speaking true, in the last sentence the job of criminal justice system to convict all found guilty in the 2G scam and denial of bail is not justice to the accused. In the case of Kanimozhi, she is a popular personality in the field Tamil liturature her contribution towards Tamil poetry is also well acknowledged.
I fully agree with this editorial. There is no valid reason to deny bail to the accused. This is swinging pendulaum of justice in other way. Judiciary was never balanced in India. Justice need to be obtained and it should be in a balanced way. Otherwise judicial system itself will be questionable.
"The contention that they could tamper with evidence is unpersuasive"? We have already seen a murder, and CBI is yet to act on it. This being the case I dont understand the logic of the above statement!
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