India’s judiciary is undergoing a sea change, with recent Supreme Court decisions that prioritize bail and halt ‘bulldozer justice’. The release of those previously jailed under strict laws indicates a shift that may enhance India’s standing in global democracy indices, reflecting a renewed commitment to democratic principles
In the new term of this govt, things have changed in the executive and legislative domain. More receptive to criticism, it cancelled lateral entry hiring, brought back indexation benefits, and put the draft Broadcast Bill on the backburner. Now, things are changing on the judicial front too. A little over two years after the CBI started probing the Delhi liquor policy case, which was then taken over by the Enforcement Directorate, all 18 people earlier jailed without bail have been released. Those who got bail include former chief minister Arvind Kejriwal, deputy chief minister Manish Sisodia, and K Kavitha, daughter of former Telangana chief minister K Chandrashekar Rao.
Suddenly, the judiciary seems to have regained its spirit. It has reverted to the judicial principle it often set aside that bail should be the rule and jail the exception. This principle was side-stepped by two draconian laws that made it almost impossible to get bail, the Prevention of Money Laundering Act (PMLA) and Unlawful Activities (Prevention) Act (UAPA). Many politicians, activists and journalists were jailed under these laws.
Suddenly, the judiciary seems to have regained its spirit. It has reverted to the judicial principle it often set aside that bail should be the rule and jail the exception. This principle was side-stepped by two draconian laws that made it almost impossible to get bail, the Prevention of Money Laundering Act (PMLA) and Unlawful Activities (Prevention) Act (UAPA). Many politicians, activists and journalists were jailed under these laws.
This article was originally published by The Times of India on July 28 2024.
