Arnab entitled to bail, but what about 3.5 lakh undertials, 83 yr old priest, 80 yr old poet?

Senior Mumbai-based human rights lawyer Mihir Desai, in a Facebook post, “tears in the hypocrisy of the judgement and the utter naiveté that informs the discussion about it in certain quarters”, comments Vistasp Hodiwala, adding, “It is the kind of stuff that only a lawyer of serious standing such as Mihir who deals with such cases day in and day out would be able to put up.”
Kavita Srivastava of the People’s Union for Civil Liberties (PUCL) notes, “Brilliantly said by Mihir Desai”, adding, “Yes bail not jail is the rule. Arnab Goswami deserved it. But two weeks ago, Dr Varavara Rao's bail application also came to them. They sent it back to the Bombay High Court. Well interim bail could have been granted right away.”
Srivastava adds, “The Supreme Court has established that we are two classes of people. Those like Arnab who not only get SLPs listed overnight and get bail and those who are lesser human beings. Not only are their applications dismissed but also continue being in jail with no relief. They have destroyed Article 14 and Article 21.”
This is what Mihir Desai wrote:

***

Was Arnab Goswami entitled to be released on bail? Of course. Bail not jail is the rule.
Are the 3,50,000, yes, three lakh fifty thousand undertrials (many of them for years and many for petty offences) who are as on 11th November 2020 in jails across India likely to get bail? More than 1,20,000 of them have been jail as undertrials for more than a year.
At some stage in their long prison life, may be, but within four days of arrest? Not in your wildest dreams.
Well okay, but as and when their cases are taken up, they would definitely get a three day hearing in high court and one full day hearing in Supreme Court? Sure if you are living in Greenland.
In any case our constitutional courts will never refuse to entertain a bail application directly since lower courts are so overloaded. If your case is “important” enough, if you are not from the marginalised section, if you can afford to pay tens of lakhs in fees to lawyers only then can you meet such eligibility criteria.
But Arnab is innocent? But all 3,50,000 undertrials are presumed innocent till they are found guilty.
But, Arnab has been maliciously prosecuted by the villainous police? Police and CBI and NIA are of course normally neutral.
See what a wonderful job they have done in arresting an 84 year old priest, an 80 year old poet, a 66 year old author, some lawyers who dare to fight for human rights, a pregnant student, (and a) journalist who dares to cover Hathras.
But come on... whenever the undertrials do get bail they will at least be immediately released from jail like Arnab?
Please do a reality check.
Arnab has been released on a personal bond but others will have to get one or two solvent sureties.
Is it the judiciary’s fault that they are poor and can’t get sureties and will continue to be in jail even after being granted bail?
But hey, Supreme Court has always said that personal liberty is the most important fundamental right.
Absolutely. That is precisely why they heard habeas corpus petitions within er... 12 hours, ok, no 12 days, my mistake 12 months?
Sorry, sorry, the Supreme Court is too overloaded don’t expect miracles.
Come on people stop grumbling we are in for great times.

Comments

Anonymous said…

Extremely disturbing trend. The SC is one institution, after the armed forces, that I thought could never be influenced, compromised or whatever. But I'm wrong. Where is India headed?

13 November 2020 at 18:36

ani said…

A basic principle of the law — and of everyday fairness — is that we apply rules with consistency, and not based on what’s convenient or advantageous in the moment

14 November 2020 at 13:18

Crucial to revisit roots, embrace core Hindu principles: love, compassion, harmony

A note on religious leaders' Satya Dharam Samvad in Haridwar: *** In a groundbreaking gathering, more than 25 religious leaders including Swamis, Acharyas, Pujaris, Gurus, and Sadhvis from all over India convened to discuss the tenets of Hinduism on September 16th, 2023, in Haridwar, to discuss and discern the current trajectory of Hinduism. This brand new initiative, the Satya Dharam Samvad, was inspired to organize its first assembly in response to the December 2021 Dharma Sansad, where hate speech and calls for violence against the Muslim community contravened the essential principles of Hinduism. Religion is being used to incite riots among Hindus, Muslims, Christians, Buddhists, Jains, etc. In the face of such hatred, Swami Raghavendra felt that something meaningful should be done in the present climate.

Maoist tendency of mechanically adhering to Chinese path ignores Indian conditions

By Harsh Thakor The C.P.I. (Maoist) formed in 2004 with merger of the C.P.I. (M.L) Peoples War and the Maoist Communist Centre has demonstrated courage in intensity compared to any great revolutionary struggle in the history of the world. It leads the largest armed movement of a Peoples Guerrilla Army in the world today and proved themselves as the true torch bearers of the Indian Communist movement.

Significant step towards empowering and particularly engaging with informal workers

ActionAid note on drive to empower informal sector workers Odisha with the support of District Labour Department: *** The Odisha Unorganised Workers Social Security Board (OUWSSB) facilitated an Unorganized Workers Awareness Camp at the Red Cross Bhawan in Bhubaneswar, Odisha. The event took place in collaboration with the District Labour Department at Khordha, Centre for Child and Women Development and ActionAid Association. This informative event aimed at empowering informal sector workers by disseminating crucial information regarding their eligibility for various social security schemes provided by the Government of Odisha.

Dev Anand ably acted as westernised, urban educated, modern hero, as also anti-hero

By Harsh Thakor On September 26th we celebrated the birth centenary of legendary actor Dev Anand. Dev Saab carved out a new epoch or made a path breaking contribution in portraying romanticism and action in Bollywood cinema, giving his style or mannerisms a new colour. Arguably no Bollywood star manifested glamour in such a dignified or serene manner or struck the core of an audience’s soul in romantic melodies. Possibly we missed this evergreen star being cast in a Hollywood film. Dev Anand is like an inextinguishable soul of Bollywood. Although not as artistic or intense as Dilip Kumar, Raj Kapoor or Ashok Kumar ,Dev Anand surpassed them all for liveliness or flamboyance, with his performances radiating g energy on the screen, in realms rarely transcended. In his own right, Dev Saab, was a craftsman, like his classical contemporaries, with a characteristic composure. Perhaps never was a Bollywood star so suave, bubbling or charming as Dev Anand, who often looked like an Indian versi

We need to resurrect Neruda, give birth to poets of his kind amidst neofascist rampage

By Harsh Thakor On 23rd September we commemorate the 50th death anniversary of Pablo Neruda, whose contribution to revolutionary poetry was path breaking. Pablo Neruda’s poetry manifested the spiritual essence of revolutionary poetry and how poetry was a weapon for a revolutionary struggle. The story of his life illustrated the spiritual transformation undergone a human being to transform him into a revolutionary and how environment shapes the lie of revolutionary.

Grassroots NGO enlightens people of Kupwara with intricacies of Right to Information

J&K RTI Foundation and Founder Civil Rights Movement Kupwara note on how RTI Pend is empowering Kupwara with insights on Right to Information Act: *** RTI Pend, the grassroots initiative aimed at democratizing access to information, hosted its 2nd event in Kupwara. On the request of the Civil Rights Movement Kupwara, this event was tailored to enlighten the people of Kupwara with the intricacies of the Right to Information Act, presented in their local language and dialects. The event successfully bridged both offline and online participation, addressing queries on the spot and offering applicants practical solutions.

Abrogation of Art 370: Increasing alienation, relentless repression, simmering conflict

One year after the abrogation by the Central Government of Art. 370 in Kashmir, what is the situation in the Valley. Have the promises of peace, normalcy and development been realised? What is the current status in the Valley? Here is a detailed note by the People’s Union for Civil Liberties , “Jammu & Kashmir: One Year after Abrogation of Art. 370: Increasing Alienation, Relentless Repression, Simmering Conflict”:

Agro-biodiversity through seed identification, conservation, replication, crop selection

By Kuntal Mukherjee, Basant Yadav, Shivnath Yadav* This article is mainly based on a journey of the three of us since 2010 based on field experience, study of different articles, reflective journeys with local community based organisations, villagers and practitioners in Chhattisgarh. The slow growth of Agriculture in India with near stagnation in productivity since mid ‘80s in contrast to the remarkable growth during the green revolution period has come to the front as a great concern. In post WTO era Indian Agriculture has been witnessing structural changes, uncontrolled influx of agriculture goods and commodities from foreign countries due to open market nature. The gradual reduction in subsidies from internal production leads to increasing cost of production of agriculture produces at the farm gate. It causes gradual decrease in internal production as well as productivity and posing threats to small farm and stakeholders.

Why Govt of India, Sangh Parivar want to stop the use of ‘India’? What's in a name?

By Ram Puniyani Coincidentally after the opposition parties came together to form INDIA (Indian National Democratic Inclusive Alliance), the ruling BJP is desisting from the use of word India in official communiqués and its parent organizations RSS has issued a fatwa that only word Bharat should be used for our country. While inviting the representative’s participants of G 20, the President issued the invitation in the name of ‘Rashtrapati of Bharat’. Since then BJP is on the track of avoiding the use of the word India in all its pronouncements, saying this word smacks of colonial legacy since this word was given to the country by British colonial rulers. Mr. Hemant Biswa Sarma of BJP said that word India is part of the colonial legacy and should be removed. RSS chief and other functionaries have intensified this message. Speaking at a function at Guwahati Mr. Bhagwat, stated “We must stop using the word India and start using Bharat. At times we use India to make those who speak Eng

Sewer workers not given ESI cards that would ensure health benefits they need the most

A note by the Dalit Adivasi Shakti Adhikar Manch (DASAM), an organization working for the issues of sanitation workers in Delhi NCR, on right to life and dignity which still seems light years away for sewer workers: *** Exploitation of Sewer workers is not just a labour issue, but it is rooted in the caste system and cannot be separated from the historical socio-religious-cultural-economic exploitation of the Dalit community! Stated Mr. Y.S. Gill, Senior Journalist and Documentary Film maker in the press conference organised by Dalit Adivasi Shakti Adhikar Manch (DASAM) in Integrated Social Initiatives (ISI), Lodhi Road, New Delhi on issues of sewer workers in Delhi. The press conference was attended by a number of community members, activists, members of the civil society, students etc.

Search This Blog