Bail should not suffer for lack of people to stand surety: SC

Bail should not suffer for lack of people to stand surety: SC

Subject: Polity

Sec: Constitution

Context:

Gandhi got bail in 13 separate cases of criminal breach of trust, cheating and criminal intimidation, but could only get two pairs of people to stand surety for his bail. He faced the prospect of staying behind bars for his inability to find 22 others to sign as surety for the remaining 11 First Information Reports (FIRs).

More on News:

• “Whether it is to get individuals to stand as a guarantor for a loan transaction or as a surety in a criminal proceeding, the choice for a person is very limited. It will very often be a close relative or a longtime friend,”.
• In cases like that of Gandhi, the Supreme Court said, judges should pass a “reasonable and proportionate” order which would both protect the person’s fundamental right under Article 21 (right to life) of the Constitution and at the same time guarantee his presence.
• Sureties are essential to ensure the presence of the accused, released on bail.
• At the same time, where the court is faced with the situation where the accused enlarged on bail is unable to find sureties in multiple cases, there is also a need to balance the requirement of furnishing the sureties with his or her fundamental rights under Article 21,” Justice Viswanathan explained, allowing Gandhi to have the same set of persons stand bail surety in all the 13 cases registered across States.

Article 21 of Indian Constitution:

Article 21: Protection of Life and Personal Liberty:

• No person shall be deprived of his life or personal liberty except according to procedure established by law.
• This fundamental right is available to every person, citizens and foreigners alike.

Article 21 provides two rights:

• Right to life
• Right to personal liberty
• The Supreme Court of India has described this right as the ‘heart of fundamental rights’. This implies that this right has been provided against the State only.
• State here includes not just the government, but also, government departments, local bodies, the legislatures, etc.
• The right to life is not just about the right to survive. It also entails being able to live a complete life of dignity and meaning.

Case Laws:

• AK Gopalan Case (1950): Until the 1950s, Article 21had a bit of a narrow scope. In this case, the SC held that the expression ‘procedure established by law’, the Constitution has embodied the British concept of personal liberty rather than the American ‘due process’.
• Maneka Gandhi v. Union of India (1978): This case overturned the Gopalan case judgement. The idea of personal liberty in Article 21 has a wide scope including many rights, some of which are embodied under Article 19, thus giving them ‘additional protection’. The court also held that a law that comes under Article 21 must satisfy the requirements under Article 19 as well.
• That means any procedure under law for the deprivation of life or liberty of a person must not be unfair, unreasonable or arbitrary.

List of rights that Article 21:

• Right to privacy
• Right to go abroad
• Right to shelter
• Right against solitary confinement
• Right to social justice and economic empowerment
• Right against handcuffing
• Right against custodial death
• Right against delayed execution
• Doctors’ assistance
• Right against public hanging
• Protection of cultural heritage
• Right to pollution-free water and air
• Right of every child to a full development
• Right to health and medical aid
• Right to education
• Protection of under-trials