Bombay High Court has granted bail to Rhea Chakraborty. The arguments in the matter were heard over seven days ago and now judgement is pronounced granting bail to her. There is a problem in the order.
Right to liberty is absolute:
As per the constitution, the right to liberty is absolute subject only to restrictions by a valid law. In this case the court took over seven days to decide, if Rhea Chakraborty was entitled to be free. Is that reasonable?
Justice delayed is justice denied:
I had pointed out that the requirement for bail under NDPS Act is very strict and it is almost a mini verdict on innocence. Section 37 of NDPS Act requires that the court must be satisfied that there are reasonable grounds for believing that s/he is not guilty of such offence. Now the judge has granted bail we have to assume that there was nothing on record to link her with the offence. We can not go into merits of the judgement. The reasons why Rhea should not be granted bail are already discussed here and I am surprised by the order which I have not read as yet.
Justice Sarang Vijaykumar Kotwal of Bombay High Court has delivered the verdict after deliberating for seven days. Here is the problem.
Continue reading