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Journalism of Courage
The two cases may have little in common but it8217;s the Pappu Yadav case that has so far been the main legal barrier to the Kanchi Shankaracharya8217;s efforts to secure bail.
In his first bail application before the Supreme Court filed today, more than a month after his arrest, the seer argues that the apex court8217;s ruling in March in Yadav8217;s case does not apply to him.
Under Section 4371i of the CrPC, a Magistrate cannot grant bail in cases involving offences such as murder. Under Section 439, the High Court has more latitude. Tulsi, however, interpreted the SC verdict cancelling Yadav8217;s bail to mean that the High Court8217;s discretion was restricted by the embargo on bail imposed by Section 4371i.
Shankaracharya8217;s counsel I Subramanian asserted that Justice Hegde8217;s verdict could not be construed to have laid down that the powers conferred on the High Court by one provision were curtailed by another as that would amount to 8216;8216;the court legislating the law which is impermissible.8217;8217;
Even otherwise, the judgment in Yadav8217;s case, Subramanian argued, was not a 8216;8216;binding precedent8217;8217; for others and applied only to the peculiar facts related to the political leader.
In the event, Justice R Balasubramanian of the Madras High Court ruled on December 8 that the judgment in Pappu Yadav8217;s case was very much a binding precedent and that the apex court could not be said to have 8216;8216;legislated any law but only declared the law relating to bail based on the existing provisions in the Code of Criminal Procedure.8217;8217;
Rejecting the seer8217;s bail application for the second time, Justice Balasubramanian accepted the Tamil Nadu police8217;s contention that the High Court8217;s power under Section 439 is 8216;8216;subject to the restrictions8217;8217; contained in Section 4371i.
The legal battle on the interpretation of the judgment in Pappu Yadav8217;s case has now shifted to the Supreme Court as the seer8217;s latest bail application repeats the argument that Section 439 cannot be affected by Section 4371i.
Coincidentally, Jayendra Saraswathi8217;s bail application referred to Yadav the very day the SC directed the CBI to find some jail where the controversial RJD leader would not be able carry on with the illegalities he was committing in Beur Prison.
