TOPIC: GS 2 Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Accused denied anticipatory bail can be given protection
What is this news?
- Supreme Court while considering compassionate grounds has held that an accused denied anticipatory bail can, in exceptional circumstances, can still be given protection from immediate arrest if the person is the sole bread earner for his family.
- This will allow the accused to arrange to make arrangements financial or otherwise for his family before surrendering in the trial court.
- CJI asks Judges to consider humane and compassionate grounds while rejecting Anticipatory Bail
- A Bench led by Chief Justice of India N.V. Ramana said that the black-and-white of the written text of law did not provide for all the grey spots in human life.
- CJI also underscored the reality that no law or rule can possibly account for the complexities of life and the infinite range of circumstances that may arise in the future.
- CJI urged Judges to pay equal attention to the humane side of criminal law while hearing pleas for anticipatory bail.
- The grant or rejection of bail in such cases has a direct bearing on the fundamental right to life and liberty of an individual.
- The concept of anticipatory bail germinated from Article 21 of the Constitution.
- At times, courts may need to look beyond the strict confines of the written text to secure complete justice.
Importance of Article 21
- When an individual is suspected to have committed an offence punishable under the law for the time being in force, the machinery of law is mandated to arrest them, bring them to trial and punish them if found guilty.
- Arrest deprives an individual of his personal liberty, and the act of securing bail usually sets him free.
- The concept of bail is inextricably linked to the right to personal liberty as provided under Article 21 of the Indian Constitution.
When can Court grant Anticipatory Bail?
Anticipatory Bail is generally exercised sparingly. However, anticipatory bail may be granted under a few circumstances:
- A special case is made out that would suggest that there are ample grounds to assume that the applicant may be detained for unreasonable grounds.
- The allegations were made with a false intent or to cause the claimant to be injured/humiliated and arrested.
- The arguments against the claimant are ambiguous or generic.
- The name of the accused is not mentioned in the FIR.
- The applicant satisfies the Court that he is from a respectable family, has deep roots in society, and is not likely to abscond from or avoid the Court and proceedings or to hinder the investigation in any way.
- A plaintiff is an influential individual against the defendant who is a weak person or if a case is brought against a political rival.
When can Anticipatory Bail be refused?
- The risk of the applicant absconding if cognizance is taken by the trial court or the trial court has issued a warrant of arrest.
- The applicant has previously been imprisoned for any cognizable offense on conviction.
- Where the applicant can influence the investigation to his advantage.
- When the evidence produced suggests that the accused is guilty of crime or wrong doings.
Mains question
Explain the importance of Anticipatory bail in Indian Judicial Framework
PRELIMS PUNCHERS
- The Padmanabhaswamy temple
It is a Hindu temple located in Thiruvananthapuram the state capital of Kerala, India. The name of the city of Thiruvananthapuram in Malayalam translates to “The City of Lord Ananta”, (City of the Divine Serpent) referring to the deity of the Padmanabhaswamy temple. The temple is built in an intricate fusion of the Chera style and the Dravidian style of architecture, featuring high walls, and a 16th-century gopura. While the Ananthapura temple in Kumbla is considered the original seat of the deity architecturally to some extent, the temple is a replica of the Adikesava Perumal temple in Thiruvattar
The principal deity Padmanabhaswamy is enshrined in the “Anantha Shayana” posture, the eternal yogic sleep on the infinite serpent Adi Shesha Padmanabhaswamy is the tutelary deity of the royal family of Travancore.
- The National Human Rights Commission (NHRC)
It is a Statutory public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993.The NHRC is the responsible for the protection and promotion of human rights, defined by the Act as “Rights Relating To Life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.”
The NHRC consists of:
- The Chairman and Five members excluding the ex-officio members
- A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court.
- One member who is, or has been, a Judge of the Supreme Court of India , or, One member who is, or has been, the Chief Justice of a High Court.
- Three Members, out of which at least one shall be a woman to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be appointed only after the consultation with the Chief Justice of Supreme Court.
Sources : https://www.thehindu.com/news/national/justice-ak-mishra-to-head-nhrc/article34692771.ece
- National AI Portal ( INDIAai )
This portal has been jointly developed by the Ministry of Electronics and IT and IT Industry. National e-Governance Division of Ministry of Electronics and IT and NASSCOM from the IT industry will jointly run this portal.
This portal shall work as a one stop digital platform for AI related developments in India, sharing of resources such as articles, startups, investment funds in AI, resources, companies and educational institutions related to AI in India. The portal will also share documents, case studies, research reports etc. It has section about learning and new job roles related to AI.
Sources : https://pib.gov.in/PressReleasePage.aspx?PRID=1722559
- Responsible AI for Youth.
The aim of this Program is to give the young students of our country a platform and empower them with appropriate new age tech mind-set, relevant AI skill-sets and access to required AI tool-sets to make them digitally ready for the future. The Program has been created and launched by the National e-Governance Division, Ministry of Electronics & IT in collaboration with Intel India, with support from Department of School Education and Literacy (DoSE&L), Ministry of Human Resource Development.
It will empower the youth to become AI ready and help reduce the skill gap, while enabling youth to create meaningful social impact solutions. The Program is designed to reach out to students from Government schools pan India and provide them with an opportunity to become part of the skilled workforce in an inclusive manner.
Sources : https://vikaspedia.in/education/resource-links/indiaai-national-ai-portal-of-india
PRELIMS QUSETIONS
- Consider the following statement with reference to NHRC
- It is a constitutional body
- The sitting Judge of SC or sitting CJI OF HC can be appointed only after the consultation with the President
Select the correct statement using code given below.
(a). 1only                                (b) 2 only
(c). Both of them                (d). None of the above
Answer : D
It is a Statutory public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993.The NHRC is the responsible for the protection and promotion of human rights, defined by the Act as “Rights Relating To Life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.”
The NHRC consists of:
- The Chairman and Five members excluding the ex-officio members
- A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court.
- One member who is, or has been, a Judge of the Supreme Court of India , or, One member who is, or has been, the Chief Justice of a High Court.
- Three Members, out of which at least one shall be a woman to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be appointed only after the consultation with the Chief Justice of Supreme Court.
- Consider the following statement with reference to Padmanabhaswamy temple
- Temple is built in an intricate fusion of the Vesara and the Dravidian style of architecture
- It is a replica of the Adikesava Perumal temple in Thiruvattar
Select the correct statement using code given below.
(a). 1only                                (b) 2 only
(c). Both of them                (d). None of the above
Answer : B
It is a Hindu temple located in Thiruvananthapuram the state capital of Kerala, India. The name of the city of Thiruvananthapuram in Malayalam translates to “The City of Lord Ananta”, (City of the Divine Serpent) referring to the deity of the Padmanabhaswamy temple. The temple is built in an intricate fusion of the Chera style and the Dravidian style of architecture, featuring high walls, and a 16th-century gopura. While the Ananthapura temple in Kumbla is considered the original seat of the deity architecturally to some extent, the temple is a replica of the Adikesava Perumal temple in Thiruvattar
The principal deity Padmanabhaswamy is enshrined in the “Anantha Shayana” posture, the eternal yogic sleep on the infinite serpent Adi Shesha Padmanabhaswamy is the tutelary deity of the royal family of Travancore