Supreme Court's Stance on Presumption of Innocence for Undertrials
The Supreme Court of India has emphasized the importance of the presumption of innocence for undertrials, asserting that this presumption does not diminish even if the accused is charged under serious allegations or stringent laws.
- Judicial Criticism of Prolonged Incarceration:
- The court disapproves of law enforcement agencies extending the detention of undertrials without bail as a punitive measure.
- It reminded authorities that every accused applying for bail is presumed innocent until proven guilty.
- Principle of Bail:
- The judicial order reinforces that "bail is the rule and jail is an exception" within criminal jurisprudence.
- Undertrials should not be indefinitely detained unless there is a threat to society, risk of influencing witnesses, or risk of fleeing.
- Constitutional Obligations:
- The courts are constitutionally required to intervene if custody becomes disproportionate, arbitrary, or excessive.
- Deviations from this principle are constitutionally questionable.
- Case Example:
- The observations were made while granting bail to Kapil and Dheeraj Wadhawan in a ₹34,000-crore bank fraud case.
- Strict conditions were imposed, such as requiring permission from the High Court before leaving the country.
- The trial involved extensive logistics, including 736 witnesses, 110 accused, and a four-lakh-page chargesheet, indicating it would not conclude soon.
