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Supreme Court Decision on Bail UPSC NOTE

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  Justice Ujjal Bhuyan, part of a two-judge Bench with Justice Surya Kant, allowed bail to Delhi Chief Minister Arvind Kejriwal. Justice Bhu...

 

  • Justice Ujjal Bhuyan, part of a two-judge Bench with Justice Surya Kant, allowed bail to Delhi Chief Minister Arvind Kejriwal.

  • Justice Bhuyan issued a separate opinion emphasizing important legal principles during the bail decision.

Accused’s Right to Silence:

  • Justice Bhuyan upheld the fundamental right of an accused to remain silent during interrogation.

  • He stated that an investigating agency cannot presume guilt or draw an adverse inference against an accused solely because they choose not to speak.

  • Justice Bhuyan stressed that an accused cannot be compelled to make self-incriminating statements.

  • The silence of an accused should not be viewed negatively or used as evidence of guilt.

  • Justice Bhuyan invoked Article 20(3), which provides protection against self-incrimination.

  • This constitutional right ensures that an accused person cannot be forced to be a witness against themselves.

  • The protection extends beyond courtroom testimonies.

  • It applies during the pre-trial phase, including police interrogations or questioning by law enforcement agencies.

  • Justice Bhuyan differentiated between the power to arrest and the need to arrest an individual.

  • He emphasized that just because authorities have the power to arrest does not mean it is always necessary

  • Arrests should not be made without sufficient need.

Impact of Unnecessary Arrests on Personal Liberty:

  • Justice Bhuyan warned about the long-lasting damage caused by unnecessary arrests, which permanently scar an individual’s personal liberty.

  • He criticized the practice of "arrest first, proceed later," highlighting the importance of safeguarding individual freedom.

  • In his opinion, Justice Bhuyan referenced past judgments of the Supreme Court that upheld the importance of individual liberty, cautioning against a rush to arrest without proper cause.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Supreme Court Decision on Bail UPSC NOTE
Supreme Court Decision on Bail UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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