Supreme Court Reiterates Stance on Anticipatory Bail in Corruption Cases
NEW DELHI: In a significant ruling, the Supreme Court of India has emphasized that anticipatory bail should be granted only in exceptional cases, especially when the accused is involved in corruption. The bench, comprising Justices J B Pardiwala and R Mahadevan, articulated that excessive consideration for an accused’s liberty may hinder public justice.
Corruption: A Major Threat
The court pointed out that corruption within the upper echelons of government and political parties is a major menace that can lead to economic unrest. It underscored the necessity for courts to deny liberty to accused individuals in such cases to foster a corruption-free society.
Balancing Justice and Liberty
The presumption of innocence, while a vital consideration, should not be the only factor in granting anticipatory bail. The court stated, “Over-solicitous homage to the accused’s liberty can, sometimes, defeat the cause of public justice.” This reinforces the idea that the justice system must balance the rights of the accused with the broader public interest.
Case Overview
In the case at hand, a public servant’s anticipatory bail plea was rejected due to allegations of demanding illegal gratification related to the audit of development work conducted by a gram panchayat. The Law Commission’s 41st report, which recommended strict criteria for anticipatory bail, was cited by the bench.
Conclusion
The Supreme Court’s ruling sends a strong message about the seriousness of corruption and the judiciary’s role in combating it. As the court articulated, “If one is asked to name one sole factor that effectively arrested the progress of our society to prosperity, undeniably it is corruption.”
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