A Delhi court at Rouse Avenue invoked Chief Justice of India DY Chandrachud’s recent remarks and American statesman Benjamin Franklin’s principle while granting bail to Delhi Chief Minister Arvind Kejriwal in a case related to the liquor policy. The bail order, issued on Thursday by Special CBI Judge Nyay Bindu, emphasized the urgency of expediting court proceedings and upholding the rights of undertrials.
Judge Nyay Bindu referenced Chief Justice Chandrachud’s address at a CBI Day celebration, highlighting the challenges faced by special judges handling cases involving agencies like the CBI and Enforcement Directorate. The court underscored the Supreme Court’s directive to expedite judicial processes in such matters.
Quoting Benjamin Franklin’s famous words, “It is better that 100 guilty persons should escape than that one innocent person should suffer,” the court emphasized the need to protect the rights of the accused while ensuring justice is served. It stressed that this principle mandates not only preventing guilty individuals from evading justice but also safeguarding innocent individuals from undue suffering.
The bail order also lamented the plight of individuals who endure prolonged trials only to be acquitted later, stating that their mental and physical agony remains uncompensated. It cited Lord Chief Justice of England, Lord Hewart, who remarked that justice must not only be delivered but also perceived to be fair.
Despite the trial court’s decision, the Delhi High Court intervened and stayed the bail granted to Arvind Kejriwal, reserving its final decision after reviewing all relevant records, a process expected to conclude within 2-3 days.
This development underscores ongoing legal deliberations concerning the bail and procedural fairness in high-profile cases within the Indian judicial system.
