Infinite justice

Jaswant Singh has started a much-needed debate on the wisdom of extended custody for DMK MPs Kanimozhi and A. Raja,pointing out that their crime is still to be proven by the courts. The national mood might support the decision to deny bail to accused in high-profile cases,but it should be kept in mind that the principle is crucial for the rights of the aam admi.

Our higher courts have affirmed the bail,not jail principle not to shield the powerful or soften consequences,but because every person is innocent until proven guilty. It is not an easy call as an accused person is sought to be placed in custody is to make sure that they show up at the trial,and to prevent them from fudging the case or interfering with the investigative process,not because of a gut-sense that someone is guilty. Guilt is assigned only at the end of the legal process,not at the beginning and the focus should be on building strong legal cases and pressing for effective convictions. Justice Krishna Iyer once deplored the wide judicial discretion on the subject of bail,and the fact that it usually rests on a hunch of the bench rather than clear criteria. As he put it,the issue is one of liberty,justice,public safety and burden of public treasury,all of which insist that a developed jurisprudence of bail is integral to a socially sensitised judicial process.

Whether powerful or marginalised,every citizen has a right to personal freedom until they are convicted. Besides,our jails are crowded enough,as is they should not be used as morality theatre. House arrest and electronic monitors are a far more sensible way to surveil the accused. Jaswant Singh and his colleague Yashwant Sinha may not be representing their party,the BJP,when they speak of the unfairness of extending custody,but they have spoken up for a rigorous and thorough legal process rather than this kind of scapegoating. They have gone where other political forces fear to tread,lest they be seen to be being easy on corruption. But as Singh and Sinhas views make clear,the question is a more fundamental one of liberty.