Arnab entitled to bail, but what about 3.5 lakh undertials, 83 yr old priest, 80 yr old poet?

Senior Mumbai-based human rights lawyer Mihir Desai, in a Facebook post, “tears in the hypocrisy of the judgement and the utter naiveté that informs the discussion about it in certain quarters”, comments Vistasp Hodiwala, adding, “It is the kind of stuff that only a lawyer of serious standing such as Mihir who deals with such cases day in and day out would be able to put up.”
Kavita Srivastava of the People’s Union for Civil Liberties (PUCL) notes, “Brilliantly said by Mihir Desai”, adding, “Yes bail not jail is the rule. Arnab Goswami deserved it. But two weeks ago, Dr Varavara Rao's bail application also came to them. They sent it back to the Bombay High Court. Well interim bail could have been granted right away.”
Srivastava adds, “The Supreme Court has established that we are two classes of people. Those like Arnab who not only get SLPs listed overnight and get bail and those who are lesser human beings. Not only are their applications dismissed but also continue being in jail with no relief. They have destroyed Article 14 and Article 21.”
This is what Mihir Desai wrote:

***

Was Arnab Goswami entitled to be released on bail? Of course. Bail not jail is the rule.
Are the 3,50,000, yes, three lakh fifty thousand undertrials (many of them for years and many for petty offences) who are as on 11th November 2020 in jails across India likely to get bail? More than 1,20,000 of them have been jail as undertrials for more than a year.
At some stage in their long prison life, may be, but within four days of arrest? Not in your wildest dreams.
Well okay, but as and when their cases are taken up, they would definitely get a three day hearing in high court and one full day hearing in Supreme Court? Sure if you are living in Greenland.
In any case our constitutional courts will never refuse to entertain a bail application directly since lower courts are so overloaded. If your case is “important” enough, if you are not from the marginalised section, if you can afford to pay tens of lakhs in fees to lawyers only then can you meet such eligibility criteria.
But Arnab is innocent? But all 3,50,000 undertrials are presumed innocent till they are found guilty.
But, Arnab has been maliciously prosecuted by the villainous police? Police and CBI and NIA are of course normally neutral.
See what a wonderful job they have done in arresting an 84 year old priest, an 80 year old poet, a 66 year old author, some lawyers who dare to fight for human rights, a pregnant student, (and a) journalist who dares to cover Hathras.
But come on... whenever the undertrials do get bail they will at least be immediately released from jail like Arnab?
Please do a reality check.
Arnab has been released on a personal bond but others will have to get one or two solvent sureties.
Is it the judiciary’s fault that they are poor and can’t get sureties and will continue to be in jail even after being granted bail?
But hey, Supreme Court has always said that personal liberty is the most important fundamental right.
Absolutely. That is precisely why they heard habeas corpus petitions within er... 12 hours, ok, no 12 days, my mistake 12 months?
Sorry, sorry, the Supreme Court is too overloaded don’t expect miracles.
Come on people stop grumbling we are in for great times.

Comments

Anonymous said…

Extremely disturbing trend. The SC is one institution, after the armed forces, that I thought could never be influenced, compromised or whatever. But I'm wrong. Where is India headed?

November 13, 2020

ani said…

A basic principle of the law — and of everyday fairness — is that we apply rules with consistency, and not based on what’s convenient or advantageous in the moment

November 14, 2020

राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी: जल जीवन मिशन के लक्ष्य को पाने समन्वित प्रयास जरूरी

- राज कुमार सिन्हा* जल संसाधन से जुड़ी स्थायी समिति ने वर्तमान लोकसभा सत्र में पेश रिपोर्ट में बताया है कि "नल से जल" मिशन में राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी साबित हुए हैं। जबकि देश के 11 राज्यों में शत-प्रतिशत ग्रामीणों को नल से जल आपूर्ति शुरू कर दी गई है। रिपोर्ट में समिति ने केंद्र सरकार को सिफारिश की है कि मिशन पुरा करने में राज्य सरकारों की समस्याओं पर गौर किया जाए।

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das* India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...

Censor Board's bullying delays 'Phule': A blow to India's democratic spirit

By Vidya Bhushan Rawat* A film based on the life and legacy of Jyotiba Phule and Savitribai Phule was expected to release today. Instead, its release has been pushed to the last week of April. The reason? Protests by self-proclaimed guardians of caste pride—certain Brahmin groups—and forced edits demanded by a thoroughly discredited Censor Board.

CASR urges immediate halt to Operation Kagaar, calls for peace talks with Maoists

By A Representative The Campaign Against State Repression (CASR), a collective of over 40 civil society organizations, has issued a press statement demanding an immediate end to "Operation Kagaar" and alleged state-led killings of Maoist rebels and indigenous people in central India. The group also called on the central government to create a conducive environment for initiating peace talks with the banned Communist Party of India (Maoist).

Maoist call for peace talks: A democratic opening amidst state repression?

By Harsh Thakor* The readiness of the CPI (Maoist), a banned organisation, for peace talks is seen as signifying a democratic gesture that should be welcomed by all who uphold democratic values. The ongoing conflict under ‘Operation Kagaar’ in Central India represents a clash between alleged state aggression and self-defence by oppressed communities. Critics argue that the Indian government has violated constitutional principles by promoting corporate expansion in Adivasi regions under the pretext of development, endangering the lives and livelihoods of local populations.

Incarcerated for 2,424 days, Sudhir Dhawale combines Ambedkarism with Marxism

By Harsh Thakor One of those who faced incarceration both under Congress and BJP rule, Sudhir Dhawale was arrested on June 6, 2018, one of the first six among the 16 people held in what became known as the Elgar Parishad case. After spending 2,424 days in incarceration, he became the ninth to be released from jail—alongside Rona Wilson, who walked free with him on January 24. The Bombay High Court granted them bail, citing the prolonged imprisonment without trial as a key factor. I will always remember the moments we spent together in Mumbai between 1998 and 2006, during public meetings and protests across a wide range of issues. Sudhir was unwavering in his commitment to Maoism, upholding the torch of B.R. Ambedkar, and resisting Brahmanical fascism. He sought to bridge the philosophies of Marxism and Ambedkarism. With boundless energy, he waved the banner of liberation, becoming the backbone of the revolutionary democratic centre in Mumbai and Maharashtra. He dedicated himself ...

How Mumbai University crumbles: Not just its buildings

By Rosamma Thomas* In recent days, the news from the University of Mumbai has been far from inspiring – clumps of plaster have fallen off the ceiling at the CD Deshmukh Bhavan, and it was good fortune that no one was injured; creepy crawlies were found in the water dispenser that students use to collect drinking water, and timely warning videos circulated by vigilant students have kept people safe so far.

Why crucifixion is a comprehensive message of political journey for the liberation of the oppressed

By Vijayan MJ Passion week is that time of the year when Christians all over the world remind themselves about the sufferings, anguish, pain and the bloody crucifixion that Jesus Christ took on himself, as part of his mission of emancipating the people and establishing the kingdom of god. The crucifixion was not just a great symbolism of the personal sacrifice of one person, but it was a comprehensive messaging of a political journey for the liberation of the oppressed; one filled with struggle, militancy, celebration of life, rejection of temptations, betrayals, grief, the long-walk with the cross, crucifixion and ultimately resurrection as a symbol of victory over the oppressors and evil.

Akhilesh Yadav’s boycott of Dainik Jagran: A step towards accountability or political rhetoric?

By Vidya Bhushan Rawat Akhilesh Yadav has called for a total boycott of Dainik Jagran, a newspaper owned by the Gupta family. He also declared that the Samajwadi Party will no longer participate in any panel discussions organized by a media channel allegedly controlled by the family or relatives of the omnipresent Rajiv Shukla. Akhilesh Yadav and the Samajwadi Party are well aware that Dainik Jagran has long been antagonistic to Dalit-Bahujan interests. The newspaper represents a Bania-Brahmin corporate and ideological enterprise.

Implications of deaths of Maoist leaders G. Renuka and Ankeshwarapu Sarayya in Chhattisgarh

By Harsh Thakor* In the wake of recent security operations in southern Chhattisgarh, two senior Maoist leaders, G. Renuka and Ankeshwarapu Sarayya, were killed. These operations, which took place amidst a historically significant Maoist presence, resulted in the deaths of 31 individuals on March 20th and 16 more three days prior.

Search This Blog