The firmness with which the courts are now dealing with politicians facing serious corruption charges is “apt and the need of the hour”, though certain actions of the courts might fall beyond the legal boundary, says former Advocate-General Uday Holla.
Though it could be argued, Mr. Holla said, that the top court's intervention in monitoring investigation in some cases could be construed as beyond legal boundaries, such action has become necessary to prevent the likely collusion of the investigating agency, the accused and the government.
Present context
“Going purely on the legal principles on granting bail, it may not be proper to deny bail in general to all those facing corruption charges.
“But in the present circumstance and context, the tough stand by the courts is appropriate,” he said.
Mr. Holla points out that under normal circumstances the courts usually grant bail as politicians, who have a standing of decades in public life, are unlikely to flee from the clutches of law.
Moreover, it also involves the liberty of persons until their guilt is proven, unless there are chances of them tampering with evidence or influencing the witnesses.
“However, the country has been witnessing a rise in the instances of nepotism and corruption by politicians in power. And aptly, the Supreme Court has stepped in to monitor some of the serious corruption cases to ensure purity in the investigation and prosecution,” Mr. Holla said, pointing out that such judicial intervention came at a time when corruption is percolating into the process of investigation as well as prosecution.
Apart from the legal principles, there are many aspects — like the personal philosophy of a judge, his experience in dealing with the cases, the happenings around him, — that form part of the judicial process when a judge deals with a case. When the country's top court has been taking a tough stand on corruption cases, it is quite natural that the lower courts, particularly trial courts, too follow.
“I feel the Supreme Court is intervening at the right time when corruption in public administration is affecting everyone and threatening the country,” says Mr. Holla.
