Wednesday, December 30, 2009

[rti_india] The contra-constitution provision for Anticipatory Bail


In response to this analytical post by Victor .

Actually, the entire system is flawed . Police register FIRs as per
their whims and fancies and depending on what they are getting ( and
from whom ) . One may see nothing wrong with the latest circular ( I
cannot call it a directive) purportedly issued by the Home Affairs to
the States to ensure that each and every complaint is treated as a FIR
and registered accordingly . I recall that even the SC had done that
quite sometime ago, so one has to wait and watch how the States would
act this time .

But all this apart, the system is corrupt to the core . Whatever rules
may be prescribed and whatever amendments may be made in the CrPC, there
will always be an element of discrection available to the Police to
register FIR or not, or to make an arrest thereafter or not , leading to
continued corruption and derailmnent of justice .

The solution does not lie with issue of fresh "farmans" or amendments in
the CrPC . 157(1) describes all the procedures quite clearly, that have
been reiterated by Justice M N Venkatachalliah of SC in Joginder Kumar
v/s State of UP and Ors .(1994) and Justice Markandeya Katju ( Judge at
Allahabad High Court as he then was) writing on behalf of the Bench in
Criminal Misc. Writ Petition No.4861 of 2000 titled Ajeet Singh alias
Muraha Vs. State of U.P. and others(2004 ) .

The need of the hour is to ensure that all these acts/procedures/rulling
and directions are adhered to scruplously by the law enforcers .

Dr Arun Agrawal

> Friends:
> 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.
> Victor.



No comments:

Post a Comment