Delay in bail hearings problem has made another headline when the Supreme Court of India has felt extreme concern about long imprisonment of undertrial prisoners.
In a nation where individual freedom is a basic right, there is such a big question like Are we really safeguarding individual freedom? when the hearing of bail application is delayed.
Why Bail Matters So Much
Bail is not a mere cosmetic practice but one that has a strong relation with the right to live and individual freedom under Article 21 of the Constitution.
As noted by the Supreme Court, it has been repeatedly pointed out that:
- Bail and jail take turns in that order.
- Until action is taken to prove otherwise, an accused is considered innocent.
- Rights are infringed by the unwarranted detention.
But the truth of the matter is that on numerous occasions even months after the accused person spends months or even years in the jail, his or her bail requests are not heard accordingly.
The Recent Observations of Supreme Court
The judicial system has been criticized by Supreme Court of India on lack of speed in hearing of bails. It noted that:
- Bail issues should be given precedence in courts.
- The freedom is not to be lost in the procedural delays.
- Further hearing and bail applications should not be delayed without any necessity.
In other instances, the Court even granted bail on basis of extended detention citing that the continued detention without hearing is unfair.
Ground Reality: The Problem of Pendency
A huge queue of cases already plagues the judicial system of India. This leads to:
- Failure to list bail applications on time.
- Frequent adjournments
- Crowded prisons that include under trial inmates.
As it is reported by different sources, there is an enormous percentage of undertrials in India, that is, people that are not yet convicted.
Legal and Constitutional Viewpoint
Constitutionally, it is:
- In the Article 21, the right to life and personal liberty is assured.
- A right that is enshrined in the courts is speedy trial.
- This right is directly affected by the delay of the bail hearings.
The Supreme Court has made it very clear that procedural inefficiencies are not supreme over constitutional guarantees.
What Needs to Change?
To solve this problem, there are certain steps that need to be taken such as:
- The case for the bail hearings to be in the first rundab of court case assignments.
- Minimizing senseless adjournments.
- Ensuring greater efficiency and staffing of the judiciary.
- Rapid case management done with the usage of technology.
Such reforms would result in the delivery of justice and in due time.
Conclusion
The Supreme Court of India made its message clear through the message of liberty cannot wait. The principle of postponement of the bail hearings compromises justice.
In case the system does not receive a bail plea in time, it can get a person convicted before it has been convicted. In this case, the adage of justice delayed is justice denied comes in.
Bail hearings should be on time not only as required by the law, but equally by any moral and constitutional consideration.
– Team Lawyer Talks