'Most Unfortunate Some Courts Refuse To...': Former SC Judge Lokur On Bail Denials

Referring to the denial of bail to AAP leader Manish Sisodia, Justice Madan Lokur said courts have forgotten the basic principles of bail, leading to prolonged periods of imprisonment of individuals.

File photo of Justice Madan Bhimarao Lokur

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Former Supreme Court judge Justice Madan Bhimarao Lokur has said that there seemed to be a lapse in the fundamental principle governing the grant or denial of bail by courts. Justice Lokur expressed concern over the judiciary's apparent neglect of this principle and criticized its failure to discern the tactics employed by investigative agencies, reported news agency PTI. He particularly highlighted the practice of filing incomplete charge sheets and withholding essential documents to prolong the incarceration of the accused. Justice Lokur's comments came amid the denial of bail to several political leaders, such as Manish Sisodia, Satyendar Jain, Sanjay Singh, and others.

In an interview with PTI, Justice Lokur emphasized the need for the judiciary to be more attuned to the realities of life. He acknowledged the difficulty of attributing political motives to every corruption case involving politicians but raised suspicions when investigations were dropped upon a suspect changing loyalties. Referring to the denial of bail to AAP leader and former Delhi Deputy CM Manish Sisodia, Justice Lokur remarked that courts, in general, have forgotten the basic principles of bail, leading to prolonged periods of imprisonment for individuals upon arrest.

Justice Lokur criticized the pattern of arrest, followed by a delayed and incomplete investigation, where supplementary charge sheets and necessary documents are not promptly provided. “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," he was quoted as saying by PTI.

Addressing the issue of alleged misuse of investigative agencies by the government, Justice Lokur argued that law books alone do not provide the complete picture, and the judiciary needs to be aware of the ground realities. While acknowledging that the apex court has established basic principles for the exercise of discretionary power in bail matters, he questioned why some courts fail to apply these principles despite being aware of them.

Justice Lokur also commented on the rising trend of corruption cases against political adversaries initiated by government agencies. While acknowledging that such cases are not new, he expressed concern over the discontinuation of investigations when suspects change political allegiances, raising suspicions of political vendetta.

On the topic of judicial appointments, Justice Lokur praised the present collegium system but called for necessary changes. He called for a more transparent government, stating that the government is currently more opaque than the collegiums. Justice Lokur served as a judge in the Supreme Court from June 4, 2012, to December 30, 2018, and played a significant role in various aspects of law, including constitutional law, juvenile justice, Alternate Dispute Redressal mechanism, and judicial reforms.