Indian Express Editorial Summary

Editorial Topic : Supreme Court’s Stance on Bail: Shifting Perspectives

 GS-2 Mains Exam : Polity

Revision Notes

Supreme Court’s Stance on Bail: Shifting Perspectives

Introduction

• Key Case: In Prem Prakash vs Enforcement Directorate, the Supreme Court emphasized that the principle “jail is the exception, bail is the rule” should apply even in cases under the Prevention of Money Laundering Act (PMLA).

Principle of Jail as an Exception, Bail as a Rule

• Core Idea: This principle acknowledges that prolonged pre-trial incarceration is a form of punishment and should be avoided.

Changing Perspective on Bail

• Shift in Court’s Approach: The Supreme Court’s approach to bail has been evolving, with a growing emphasis on the importance of bail over incarceration.
• Historical Context: Two years ago, in Vijay Madanlal Chaudhary v Union of India, the SC upheld stringent PMLA provisions, but recent rulings have softened this stance.

Supreme Court Rulings to Address ED Misuse Concerns

• October 2023 Ruling: The SC mandated that the Enforcement Directorate (ED) must provide written reasons for an arrest, a shift from the earlier Vijay Madanlal ruling which did not require sharing the Enforcement Case Information Report (ECIR) with the accused.
• Written Grounds for Arrest: This ensures that the accused can challenge an arrest in court, enhancing procedural safeguards.

Court’s Recent Decisions on Bail

• Flexible Interpretation: The court has avoided a strict interpretation of bail laws, especially in cases of delayed trials.
• Bail for Prolonged Incarceration: In Ajay Ajit Peter Kerkar vs Directorate of Enforcement, the SC ruled that even in money laundering cases, an accused who has spent half of the maximum sentence as an undertrial should be granted bail.

Way Forward

• Addressing Political Misuse: The SC’s recent interventions come amidst concerns over the Centre’s increasing use of the ED against political opponents.
• Need for Comprehensive Review: There is a need for the Court to revisit the 2022 Vijay Madanlal Chaudhary ruling to further strengthen procedural safeguards for the accused.

Conclusion

• Strengthening Justice: The Supreme Court’s evolving stance on bail and its recent rulings aim to ensure that the principle “bail is the rule, jail is the exception” is upheld, especially in cases involving the PMLA and the ED.