LI Network
Published on: 23 July 2023 at 14:10 IST
The Supreme Court of India granted bail to renowned human rights activist Teesta Setalvad, while simultaneously addressing an essential issue pertaining to bail applications.
The Apex Court observed that bail cannot be denied solely on the ground that the accused has not filed an application for quashing the First Information Report (FIR) or Chargesheet under Section 482 of the Criminal Procedure Code (Cr.P.C.), or under Articles 226 or 32 of the Constitution. The ruling sheds light on the significance of addressing the merits of bail applications rather than getting entangled in procedural technicalities.
Teesta Setalvad, a prominent advocate for human rights and social justice causes, had been facing legal proceedings in connection with certain cases. Her bail application, which had been previously rejected on the premise that she had not sought quashing of the FIR or Chargesheet through appropriate legal channels, prompted the Supreme Court to address this critical aspect of bail consideration.
In its ruling, the Supreme Court emphasized that bail is a fundamental right and an essential aspect of the criminal justice system.
The court stated that bail should not be denied based on procedural lapses or the failure of the accused to file applications for quashing the proceedings. By highlighting this concern, the court aims to prevent a situation where bail applications are rendered inadmissible simply due to the absence of supplementary legal motions.
The bench, comprising distinguished justices, argued that such an interpretation would lead to a paradoxical scenario where the accused must first seek the quashing of charges before even being eligible to file a bail application. This interpretation could potentially lead to undue delays in the bail process and hinder access to justice for the accused.
Furthermore, the court emphasized the need for a comprehensive and unbiased examination of bail applications. The primary focus should be on evaluating the merits of the case and the specific grounds for seeking bail, rather than procedural technicalities. This approach aligns with the principles of justice, fairness, and the protection of human rights.
Teesta Setalvad’s case garnered significant attention from both legal experts and the public due to her longstanding activism and the larger implications of the court’s ruling. The decision by the Apex Court has been widely welcomed by the legal community and human rights activists who view it as a step towards upholding the right to liberty and fair treatment of the accused.
In conclusion, the Supreme Court’s ruling in favor of granting bail to Teesta Setalvad while asserting that bail applications should not be rejected based on procedural grounds is a landmark decision.
