Wednesday, December 30, 2009

[rti_india] The contra-constitution provision for Anticipatory Bail



We have a number of contra-constitution provisions like Single Point Directive, Anticipatory Bail, etc. that provide extra-constitutional protection to the powerful and mighty, and discriminate against the ordinary citizen.

When there is a prima-facie case made out by way of FIR against any person where the concerned authorities need to take into custody and investigate such persons, why should he have the protection of Anticipatory Bail?  I mean, is it not contrary to the needs of law that the person can evade his arrest / interrogation because he can put together the resources to apply for Anticipatory Bail?

I think there is no civilised nation that has such provisions like Anticipatory Bail on its books.  However, what they do have is a very stringent pre-arrest criteria to be fulfilled before an (any) arrest can be made.  Such a sysytem is non discriminatory and does not make mockery of the justice system.  There is all the more reason in a 23rd world and banana republic .... I mean mango republic country like ours to do away with such extra-constitutional provisions and bring to account all, not just the under dog.




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