Jaiswal, Raunaq and Mahapatra, Eesha (2024) When procedure punishes. Deccan Herald.
When procedure punishes.pdf - Published Version
Download (138kB)
Abstract
When it comes to the law of bail in India, there are two sides of the coin. On one side, we have the principle that ‘bail is a rule, and jail is an exception.’ The other side reveals the harsh reality that ‘procedure is the punishment.’ However, when the metaphorical coin is tossed, it rarely falls with a 50% probability on either side. For instance, while the Supreme Court of India has consistently affirmed that ‘bail is a rule and jail is an exception,’ this principle has often found pockets of exception in application, meaning that some individuals have been deprived of their liberty without a formal indictment of their guilt. Similarly, despite the Supreme Court holding that the right to default bail is a fundamental right, instances of interpretative chicanery have created pockets of exceptions to this rule.
Item Type: | Article in News Papers and Magazine |
---|---|
Subjects: | Social Sciences and humanities > Social Sciences > Social Sciences (General) Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Subhajit Bhattacharjee |
Date Deposited: | 01 Oct 2024 16:06 |
Last Modified: | 01 Oct 2024 16:06 |
Official URL: | https://www.deccanherald.com/opinion/when-procedur... |
URI: | https://pure.jgu.edu.in/id/eprint/8570 |
Downloads
Downloads per month over past year