Locking is not like an emergency, the default deposit is an unwavering right: SC

[ad_1]

The lockdown announced by the government due to Covid-19 is not akin to the proclamation of a state of emergency, the Supreme Court has declared that the default bond is an unassailable right in the event of failure to show the indictment within the prescribed time limits.

The Supreme Court made the observation while overturning an order of the Madras High Court denying release on bail to an accused despite not filing the indictment within the allotted time.

A bench led by Judge Ashok Bhushan said the Supreme Court held that restrictions imposed during the lockdown should not entitle an accused to bail even if the indictment has not been filed within the time limit prescribed by Article 167 (2) of the Code of Criminal Procedure, is “manifestly erroneous and not in accordance with the law”.

Calling its judgment in the ADM Jabalpur case during the state of emergency “backward,” the highest court said the right to life and liberty cannot be taken away without due process.

In the 1976 ADM Jabalpur case, the bench of five judges by a 4: 1 majority verdict concluded that section 21 is the sole custodian of all rights to life and personal liberty, and, when suspended, removes these rights altogether.

The judiciary, headed by Judge Ashok Bhushan, said the “retrogressive measures taken against the right protected by section 21” in the ADM Jabalpur judgment had been corrected by Parliament through an amendment constitutional.

He stated that any restriction on the rights of an accused as protected by section 167 (2) regarding his unimpeachable right to obtain bail by default if the indictment is not presented within the time limit. prescribed, which can not be frustrated by the charge.

READ ALSO : Coronavirus LIVE: Indian migrants remained strong during lockdown, says Modi

“We are therefore clearly of the opinion that the single judge (of HC) in the judgment under appeal erred in considering that the lockdown announced by the Indian government is akin to the proclamation of a state of emergency.

“The Single Judge’s view that restrictions imposed during the Indian government’s lockdown period should not entitle an accused to seek bail by default even though indictment no. was not filed on time. prescribed under Article 167 (2) of the Code of Criminal Procedure “is clearly wrong and not in accordance with the law,” the Supreme Court said.

The bench, also including judges MR Shah and V Ramasubramanian, granted bail to the accused on presentation of a personal bond of Rs 10,000 with two sureties and specified that his order of March on the extension of the limitation period does not did not apply to the provisions of the CrPC.

The order dated March 23, 2020 (on statute of limitations) cannot be interpreted to mean that she never intended to extend the period for the filing of the indictment by the police, as provided for in the Article 167 (2) of the Code of Criminal Procedure, said the judiciary.

“The investigator could have submitted / filed the indictment before the magistrate (in charge). Therefore, even during the lockdown and as has been done in many cases, the indictment could have been filed / submitted to the magistrate (in charge) and the investigator was not prevented from filing / submit the indictment even within the stipulated deadline before the magistrate (intendant), ”declared the magistrature.covi

Dear reader,

Business Standard has always strived to provide up-to-date information and commentary on developments that matter to you and have broader political and economic implications for the country and the world. Your encouragement and constant feedback on how to improve our offering has only strengthened our resolve and commitment to these ideals. Even in these difficult times resulting from Covid-19, we remain committed to keeping you informed and updated with credible news, authoritative views and cutting-edge commentary on relevant current issues.
However, we have a demand.

As we fight the economic impact of the pandemic, we need your support even more so that we can continue to provide you with more quality content. Our subscription model has received an encouraging response from many of you who have subscribed to our online content. More subscriptions to our online content can only help us achieve the goals of providing you with even better and more relevant content. We believe in free, fair and credible journalism. Your support through more subscriptions can help us practice the journalism to which we are committed.

Support quality journalism and subscribe to Business Standard.

Digital editor

[ad_2]

About Chuck Keeton

Check Also

Youthentity Plans Second Year of Virtual Fundraising | New

While Youthentity’s 14th Annual Roast Pork Fundraiser will be held virtually again for the second …