Politicians granted Bail even after conviction - does it leave a good impact?
Justice is not a prosecuted output of cases in courts, it's a unsubdued persuasion to hit your self-conscience for accepting the truth
Jurisdiction is one of the trusted and seek upon authorities which lays down the foundation of a successful democracy. Be it corporation or issues relevant to state or central government, legal resolution becomes an unavoidable necessity. This leads to queries about it being unbiased and transparent enough to not get succinct to complacency of evidences or witnesses which may maneuver it to biased conclusionary decisions.
Considering the example of bail in the justice system, we are used to news where politicians getting bail even after getting convicted for certain offences. These scenarios lead us to doubting the very notion of unprejudiced functionality of such legal systems. We start questioning, Are our courts losing objectivity in the long term?, The complete idea of jurisprudence has failed in running a successful democracy due to factors which has made it amenable to favoritism?
But let's not be swayed by pessimism without delving into the facet of a legal system. The Legal system as we know is in itself highly complex and is limited in its decisions by the nitty-gritty details and unfathomable causal relationships between various aspects of cases. It is as ambiguously defined under laws with repetitive amendments, as with any language limited to its exact expression. These laws and rules evolve overtime but the essence of integrity and truth remains constant. Thus this temporal and lexical dependency leaves any authentic explanation of different legal cases and its aspects to a debatable point.
Bail as defined in common literature means procuring the release of a person found under trial or guilty for any offence. It is classified into bailable and non-bailable offence. There are 4 sections provided by IPC for bail. Section- 436 for bailable offences. Sec- 437 for non bailable offences. Sec-438 for a pre arrest direction (anticipatory bail) and Sec 439 for non bailable offences before Sessions Judge or High Court. In the case of non-bailable offence or conviction, the sole discretion of court is considered under the convicts' plea.
Most of the times in such high profile cases involving politicians or other such power holders, there are classified information regarding these cases which can easily mislead or effect directly/indirectly the court case. It also becomes easy to taint the reputation of a public figure.
For the general public it may seem like courts are at politicians whims and they can easily get bails even after found guilty, but there is a need for more tolerance in terms of acceptance and honoring courts decisions.
The question that strikes now is how to monitor legal flaws i.e. if a system works on the premise of inscrutable subjects, Is there a possibility to get proper feedback in terms which appear satisfying that since such a big personality found convicted in an offence is released on bail is a legally justifiable decision which is at par with court and fit with the public.
There are authorities for providing cross-check over the decisions that court cases make. Supreme Court is the ultimate decisive authority in any criminal/non-criminal offence. And under the scanner of Right to Information, public can seek any such information to particular cases. Public Interest Litigation can also be helpful tool in this scenario. Central Bureau of Investigation is also one of such discreet authorities not persuaded by changing governments and whose investigation has shown commendable results. In a democracy where two more parties are involved in decision making, there are chances to stigmatize opposite party members holding politically sensitive positions, called criminal defamation in legal terms. But the discretionary powers of our high court and Supreme Court are not impregnated by political interference. Combined with that our rights and litigations are the powerful tools which should be exclusively used by public for scrutinizing decisions or court orders.
The high profile convict was bailed leaves a impression of anarchy wins over authority, but Justice is the undefiable truth and nothing is more true that truth itself.
Pranjal Singh
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