Hindi English Translation || Editorial || Rule and exception: On a reminder on the fundamentals of bail law

Rule and exception: On a reminder on the fundamentals of bail law

Courts should ensure free trial (मुकदमा) without prolonged (लम्बित, दीर्घकालिक) imprisonment (कारावास, बंदीकरण)

The Supreme Court of India’s order granting bail (जमानत) to Delhi Deputy Chief Minister Manish Sisodia is a reminder to judges that they cannot deny bail as a form of punishment. It is also a reminder that the fundamentals of bail law are quite simple. Where a case turns mainly on documentary evidence (दस्तावेजी प्रमाण), bail is the norm (standard, convention, regulation), and it is to be denied only if the suspect (संदिग्ध, आरोपी) is a flight (escape, running away, absconding, fleeing, disappearance, vanishing) risk and is unlikely (असंभव, संदिग्ध) to appear before the court for trial, or is in a position (स्थिति, स्थान) to influence (प्रभाव डालना, प्रभावित करना) witnesses and tamper (छेड़छाड़ करना, हस्तक्षेप करना) with evidence. The possibility (संभावना, अवसर) of the trial not beginning anytime soon (जल्द ही) or that it may be a protracted (very long, long-lasting, prolonged, extensive, overlong, lengthy) one is also a circumstance (परिस्थितियाँ) warranting (justify, validate, sanction, permit, authorize) grant of bail. In times when Opposition political leaders are targeted and investigative agencies (जांच एजेंसियां) have no compunction (a feeling of guilt; a guilty feeling; a feeling of anxiety; a feeling of uneasiness; misgivings, qualms, worries, hesitation, reluctance, regret, scruples, conscience, self-reproach) about being seen as branches of the ruling party, the mere act of releasing a person on conditional bail (the release of an accused from custody while awaiting trial under specific conditions set by the court) after giving enough time for the completion of the investigation is seen as something extraordinary (remarkable, surprising, unbelievable, noteworth). In the Delhi liquor (alcoholic drink) policy case, Mr. Sisodia was arrested by the CBI and then the Enforcement Directorate (Directorate of Enforcement is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance, Government of India. It was established in the year 1956 with its Headquarters at New Delhi. It is responsible for enforcement of the Foreign Exchange Management Act, 1999 (FEMA) (Civil Law) and certain provisions under the Prevention of Money Laundering Act, 2002 (PMLA) (Criminal Law)) in early 2023. Delhi Chief Minister Arvind Kejriwal’s turn came this year, but he managed to get interim (provisional, temporary, short-term, transitional) bail in the ED’s case concerning (regarding, in/with regard to, with reference to, with respect to, in connection with) money-laundering (a secret act of moving illegally acquired funds into legal bank accounts or investments) charges, while he is still in custody (imprisonment, captivity, incarceration, arrest, restraint, confinement, internment, detention) in connection with the CBI’s corruption case.

The order of Justices B.R. Gavai and K.V. Viswanathan has done more than pave (facilitate, make easy, clear (the way for), create a situation to do something) the way for Mr. Sisodia’s release after nearly a year-and-a-half in prison. It has foregrounded (bring/call/draw attention to, highlight, underline, underscore) the principle that the rigours (strictness, severity, sternness, harshness, rigidity, inflexibility) of a bail-denying law, the Prevention of Money Laundering Act in this case, need not stand in the way of (prevent, stop, obstruct, hamper, hinder) a person’s conditional release if there is a prolonged delay in the trial proceedings (inquiry, hearing, investigation, litigation, examination, legal proceedings). It has also brought under focus the tendency (trend, inclination, disposition) among some judges to “play safe (avoid risks)”. The Bench (a court of law with a number of judges) has rightly highlighted (emphasize, underscore, underline, accentuate, point up, call attention to, focus attention on) the tendency among some judges to ignore the principle that bail is the rule, and not the exception. In Mr. Sisodia’s case, based on the ED’s assurance (promise, commitment, affirmation) that the trial would be complete within six to eight months, the Court had allowed him to apply for bail again if the trial progresses too slowly or is protracted. This was on October 30, 2023. However, both the trial court (a court of law where cases are tried at first. (try means to investigate and decide (a case) in a formal trial)) and the Delhi High Court paid no heed to the Supreme Court’s pointed (intended for a particular person or aspect; having a point (reason); sharp, acute, razor-edged, well reasoned, sensible) reference to the need for speedy trial, but dismissed (reject, deny, repudiate, disregard, brush off) his application (appeal, plea, request, petition, supplication) on merits (an essential inherent quality (rights and wrongs only) while evaluating a case (not by external aspects)) and claimed (state, assert, affirm, insist (strongly)) that any delay in the commencement (beginning, start) of the trial was attributable to (considered as an outcome/result caused by) the various petitions he has filed. Judges should guard against (take care for, protect, safeguard, defend, shield, look after, keep watch for, be alert to) a likely (possible, plausible, probable, expected) loss of public trust (public confidence/belief in the reliability of something) in the judiciary’s (a branch of government in which judicial power is vested; judges collectively) ability to protect the liberty (independence, freedom) of citizens and ensure fair trial without prolonged and needless pre-trial imprisonment.

Courtesy: The Hindu

Important Word List With Meaning

1.exception (noun)

Hindi Meaning - अपवाद
English Meaning - anomaly, irregularity, deviation, special case, departure, abnormality, oddity.

2.bail (noun)

Hindi Meaning - जमानत
English Meaning - conditional, temporary release of an arrested/imprisoned person when a specified amount of security is deposited or pledged (as cash or property) to ensure his/her appearance in court when required.

3.trial (noun)

Hindi Meaning - मुकदमा
English Meaning - court case, lawsuit, hearing, inquiry, legal proceedings, proceedings, legal action.

4.prolonged (adjective)

Hindi Meaning - लम्बित, दीर्घकालिक
English Meaning - lengthy, extended, protracted, unending, unrelenting.

5.imprisonment (noun)

Hindi Meaning - कारावास, बंदीकरण
English Meaning - captivity, incarceration, arrest, restraint, confinement, internment, detention, custody.

6.documentary evidence (noun)

Hindi Meaning - दस्तावेजी प्रमाण
English Meaning - any evidence that is, or can be, introduced at a trial in the form of documents, as distinguished from oral testimony/evidence.

7.the suspect (noun)

Hindi Meaning - संदिग्ध, आरोपी
English Meaning - the suspected person, the accused.

8.unlikely (adjective)

Hindi Meaning - असंभव, संदिग्ध
English Meaning - not likely, doubtful, improbable, questionable, debatable.

9.position (noun)

Hindi Meaning - स्थिति, स्थान
English Meaning - situation.

10.influence (verb)

Hindi Meaning - प्रभाव डालना, प्रभावित करना
English Meaning - affect, have an effect on, exert influence on, control, determine, pressurize.

11.tamper (verb)

Hindi Meaning - छेड़छाड़ करना, हस्तक्षेप करना
English Meaning - damage, change, distort, tinker with, interfere with, meddle with, mess around with, play with.

12.possibility (noun)

Hindi Meaning - संभावना, अवसर
English Meaning - chance, likelihood, probability.

13.anytime soon (phrase)

Hindi Meaning - जल्द ही
English Meaning - in the near future.

14.circumstances (noun)

Hindi Meaning - परिस्थितियाँ
English Meaning - conditions, situations, context.

15.investigative agencies (noun)

Hindi Meaning - जांच एजेंसियां
English Meaning - India has a number of investigative agencies like The Central Bureau of Investigation (CBI), The National Investigation Agency (NIA), The Narcotics Control Bureau (NCB) and others.

16.turn on (phrasal verb)

English Meaning - depend on, hinge on, rely on, bank on, count on.

17.norm (noun)

English Meaning - standard, convention, regulation.

18.flight (noun)

English Meaning - escape, running away, absconding, fleeing, disappearance, vanishing.

19.protracted (adjective)

English Meaning - very long, long-lasting, prolonged, extensive, overlong, lengthy.

20.warrant (verb)

English Meaning - justify, validate, sanction, permit, authorize.

21.compunction (noun)

English Meaning - a feeling of guilt; a guilty feeling; a feeling of anxiety; a feeling of uneasiness; misgivings, qualms, worries, hesitation, reluctance, regret, scruples, conscience, self-reproach.

22.conditional bail (noun)

English Meaning - the release of an accused from custody while awaiting trial under specific conditions set by the court.

23.extraordinary (adjective)

English Meaning - remarkable, surprising, unbelievable, noteworth.

24.liquor (noun)

English Meaning - alcoholic drink.

25.Enforcement Directorate (ED) (noun)

English Meaning - Directorate of Enforcement is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance, Government of India. It was established in the year 1956 with its Headquarters at New Delhi. It is responsible for enforcement of the Foreign Exchange Management Act, 1999 (FEMA) (Civil Law) and certain provisions under the Prevention of Money Laundering Act, 2002 (PMLA) (Criminal Law).

26.interim (adjective)

English Meaning - provisional, temporary, short-term, transitional.

27.concerning (preposition)

English Meaning - regarding, in/with regard to, with reference to, with respect to, in connection with.

28.money-laundering (noun)

English Meaning - a secret act of moving illegally acquired funds into legal bank accounts or investments.

29.custody (noun)

English Meaning - imprisonment, captivity, incarceration, arrest, restraint, confinement, internment, detention.

30.pave (verb)

English Meaning - facilitate, make easy, clear (the way for), create a situation to do something,

31.pave the way for (phrase)

English Meaning - clear the way for, make preparations for, put things in order for.

32.foreground (verb)

English Meaning - bring/call/draw attention to, highlight, underline, underscore.

33.rigour (noun)

English Meaning - strictness, severity, sternness, harshness, rigidity, inflexibility.

34.Prevention of Money-Laundering Act (PMLA), 2002 (noun)

English Meaning - It is an Act of the Parliament of India enacted by the NDA government to prevent money-laundering and to provide for confiscation of property derived from money-laundering.

35.stand in the way of (phrase)

English Meaning - prevent, stop, obstruct, hamper, hinder.

36.proceedings (noun)

English Meaning - inquiry, hearing, investigation, litigation, examination, legal proceedings.

37.tendency (noun)

English Meaning - trend, inclination, disposition.

38.play safe (phrase)

English Meaning - avoid risks.

39.Bench (noun)

English Meaning - a court of law with a number of judges.

40.Constitution Bench (noun)

English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist).

41.Division Bench (noun)

English Meaning - a bench of two or three judges is called a division bench.

42.highlight (verb)

English Meaning - emphasize, underscore, underline, accentuate, point up, call attention to, focus attention on.

43.assurance (noun)

English Meaning - promise, commitment, affirmation.

44.trial court (noun)

English Meaning - a court of law where cases are tried at first. (try means to investigate and decide (a case) in a formal trial).

45.pay no heed to (phrase)

English Meaning - pay no attention to, take no notice of, ignore, neglect, disregard, overlook, snub.

46.pointed (adjective)

English Meaning - intended for a particular person or aspect; having a point (reason); sharp, acute, razor-edged, well reasoned, sensible.

47.dismiss (verb)

English Meaning - reject, deny, repudiate, disregard, brush off.

48.application (noun)

English Meaning - appeal, plea, request, petition, supplication.

49.merits (noun)

English Meaning - an essential inherent quality (rights and wrongs only) while evaluating a case (not by external aspects).

50.claim (verb)

English Meaning - state, assert, affirm, insist (strongly).

51.commencement (noun)

English Meaning - beginning, start.

52.attributable to (adjective)

English Meaning - considered as an outcome/result caused by.

53.guard against (verb)

English Meaning - take care for, protect, safeguard, defend, shield, look after, keep watch for, be alert to.

54.likely (adjective)

English Meaning - possible, plausible, probable, expected.

55.public trust (noun)

English Meaning - public confidence/belief in the reliability of something.

56.judiciary (noun)

English Meaning - a branch of government in which judicial power is vested; judges collectively.

57.liberty (noun)

English Meaning - independence, freedom.