In a recent statement that sheds light on the prevailing judicial practices, former Supreme Court Justice Madan B. Lokur has voiced his concerns regarding the apparent oversight of basic bail principles by Indian courts. This critique comes against the backdrop of an increasing trend where investigative agencies’ strategies result in prolonged detentions.
Justice Lokur remarked,
“Generally speaking, the courts seem to have forgotten the basic principles of grant or refusal of bail. Nowadays, if a person is arrested, you can be rest assured that he will be in prison for a few months at least.”
He further elaborated on the process that often follows an arrest, involving serious investigations, incomplete chargesheets, supplementary chargesheets, and a lack of document provision, which he termed as “most unfortunate.”
The former judge’s comments were made in the context of the bail denial to AAP leader Manish Sisodia, underscoring a systemic issue where pre-trial detentions have become a norm rather than an exception.
“The troubling aspect of all this is that after investigations start and the suspect changes loyalties, the investigation is dropped. That gives rise to grave suspicion of political vendetta,”
Justice Lokur told PTI in an interview.
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Justice Lokur also addressed the judiciary’s approach to the alleged misuse of investigative agencies by the government. He emphasized the necessity for the judiciary to align itself with the realities of life, which extend beyond what is written in law books.
On the subject of the collegium system for the appointment of judges, Justice Lokur maintained his stance that it remains the best method, albeit in need of certain reforms to enhance transparency, particularly in the government’s involvement.
Throughout his tenure, which concluded on December 30, 2018, Justice Lokur was known for his significant contributions to various legal domains and his advocacy for judicial reforms. His legacy includes a pivotal role in the adjudication of cases concerning privacy and the identity of victims of sexual harassment, where he championed the protection of victims’ privacy and reputation.
As the legal community reflects on Justice Lokur’s observations, the conversation around bail reforms and the integrity of judicial processes in India is poised to gain momentum.