Courts seem to have forgotten basic principle of grant or refusal of bail: Former Supreme Court judge Madan Lokur

Courts seem to have forgotten the basic principle of grant or refusal of bail, former Supreme Court judge Justice Madan B. Lokur has said, and termed as “most unfortunate” the unwillingness of the judiciary to see through the designs of probe agencies such as filing incomplete charge sheets and not providing documents just to keep accused in jail.

Courts seem to have forgotten the basic principle of grant or refusal of bail, former Supreme Court judge Justice Madan B. Lokur has said, and termed as “most unfortunate” the unwillingness of the judiciary to see through the designs of probe agencies such as filing incomplete charge sheets and not providing documents just to keep accused in jail.

Observing that the judiciary needs to wake up to the realities of life, the former apex court judge said in an interview with PTI though it is very difficult to allege political vendetta in every corruption case involving politicians, suspicions arise when investigation is dropped if the suspect changes loyalties.

In response to a query on denial of bail to Aam Aadmi Party (AAP) leader Manish Sisodia, Justice Lokur said, “Generally speaking, the courts seem to have forgotten the basic principles of grant or refusal of bail. Nowadays, if a person is arrested, you can be rest assured that he will be in prison for a few months at least.

“The police first arrest the person, then start a serious investigation. An incomplete charge sheet is filed followed by a supplementary charge sheet and documents are not furnished. This is most unfortunate and what is troubling is that some courts are not willing to see through this.” The judiciary needs to wake up to the realities of life as law books do not tell the whole story, justice Lokur said in response to a question as to how the judiciary should approach the issue of alleged misuse of investigative agencies by the government of the day both at the Centre and in States.

The former judge said the basic principles have been laid down by the apex court in several judgments for the exercise of discretionary power in bail matters.

“The problem is that some courts do not apply these basic principles, although they know them. The question is, why?" he said.