The Hindu Newspaper Analysis

Editorial Topic : Focus on Trial: Use and Misuse of Bails in the Judicial Process

 GS-2 Mains Exam : Polity

Revision Notes

Introduction:

• Supreme Court Bail Order: The SC granted bail to Bharat Rashtra Samithi leader K. Kavitha, highlighting the misuse of judicial power and arrests to target political opponents.

About the Delhi Excise Case:

• Corruption Allegations: The Delhi government’s liquor policy allegedly involved crores in bribes for favorable deals, warranting a thorough investigation.
• Political Vendetta: The Centre and its agencies appear focused on imprisoning political figures before the trial, raising concerns about bias.
• Judicial Observations: Justices B.R. Gavai and K.V. Viswanathan questioned the fairness of the investigation, noting the use of witnesses who were also suspects, and the pardoning of arrested suspects to turn them into approvers.
• Bail Procedures Misused: Courts were initially hesitant to grant bail due to strong prosecution objections but are now recognizing the misuse of the Prevention of Money-Laundering Act (PMLA) to deny bail and keep opponents imprisoned.
• Previous Bail Grants: The SC had earlier granted bail to Delhi Chief Minister Arvind Kejriwal and Deputy CM Manish Sisodia, both implicated in similar cases.
• Accusations Against Kavitha: K. Kavitha is accused of mediating between the Delhi government and a ‘south lobby’ in the alleged liquor policy deal.
• Witness Involvement: Notably, witnesses implicating political leaders are also involved in the case, with some accused turning approvers.

Way Forward:

• SC’s Criticism of Delhi HC: The SC criticized the Delhi HC for not applying the proviso to Section 45 of the PMLA, which allows bail to women, stating Kavitha should have been granted bail as the investigation was over.
• Prosecutorial Focus: Instead of opposing bail and filing lengthy replies, prosecutors should focus on building a strong, water-tight case.

Conclusion:

• Trial Focus: Agencies should prioritize starting and concluding the trial promptly, with courts emphasizing concrete evidence and reliable testimony over sensational headlines and extensive charge sheets.
• Judiciary’s Role: The judiciary should act proactively to prevent misuse of the legal process for personal or political vendettas.

 

 

The Hindu Newspaper Analysis

Editorial Topic : War and Peace: India’s Role in the Russia-Ukraine Conflict

 GS-2 Mains Exam : IR

Revision Notes

Introduction:

• PM Modi’s Recent Diplomatic Moves: Following visits to Kyiv, PM Narendra Modi’s telephonic conversations with U.S. President Joe Biden and Russian President Vladimir Putin have sparked hopes that India might mediate in the Russia-Ukraine conflict.

India’s Recent Peace Efforts:

• Upcoming Diplomatic Engagements: Modi’s planned visits to the UN in September (potential meetings with U.S., European leaders, and Ukrainian President Volodymyr Zelenskyy) and to Russia in October for the BRICS summit have fueled speculation about India’s peacemaking role.
• Balanced Interests: While India seeks to balance its interests, the situation demands a careful approach, given its historical ties with Russia and the complexities of the ongoing conflict.

India’s Stand on the Russia-Ukraine War:

• Distant Stance: Since Russia’s invasion of Ukraine in 2022, India has largely remained distant, viewing it as “Europe’s war” and refraining from engaging in peace processes that don’t involve both Russia and Ukraine.
• Non-Participation in Global Peace Efforts: India even disassociated itself from the Swiss peace summit, maintaining a neutral stance.
• Historical Ties with Russia: Despite PM Modi’s assertion that India is “on the side of peace,” New Delhi is perceived as leaning towards Moscow due to historical, military, and energy dependencies.

Neutrality and India’s Image:

• Recasting India’s Image: To effectively mediate, India must present itself as neutral and unbiased. This is crucial as both Russia and Ukraine continue their military engagements, believing in potential military gains.

Current Russia-Ukraine War Scenario:

• Escalating Tensions: Russia’s attacks on Ukraine before Modi’s July visit to Moscow and Ukraine’s operations in Russia’s Kursk Oblast before his recent Kyiv visit reflect the ongoing power play between Zelenskyy and Putin, irrespective of diplomatic efforts.

Way Forward:

• Cautious Approach: New Delhi must tread carefully if it seeks to engage in conflict resolution. Successful interventions have been limited and focused, such as:
  • Black Sea Grain Initiative: A focused agenda to ensure grain export amidst the conflict.
  • IAEA Effort: On nuclear safety at the Zaporizhzhia power plant.
  • Prisoner Exchanges: Recent exchanges between Russia and Ukraine.
• Articulate Principles for Peace: India must clearly outline its principles for a ceasefire and lasting peace, if it intends to play a mediating role.

Conclusion:

• Historical Precedent: In the 1950s, PM Jawaharlal Nehru mediated with Soviet leader Nikita Khrushchev for troop withdrawal from Austria’s northeast zone, setting a historical example of India’s peacemaking efforts.
• Current Challenges: An Indian peace initiative today faces complications, such as:
  • Ukraine’s Demand: Zelenskyy’s insistence on Russia’s full military withdrawal from Ukraine.
  • Russia’s Demand: Putin’s call for Ukrainian forces to withdraw from Russian-occupied regions and Kyiv to abandon NATO aspirations.
• India’s Diplomatic Balance: India must carefully navigate these demands while engaging key stakeholders to promote an end to the war, balancing its ties in the process.