SC faces backlash over Vijay Nair's bail; calls for bail reforms intensify

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Shailesh Khanduri
New Update
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New Delhi: The Supreme Court of India's order to grant bail to Vijay Nair, the communications in-charge for the Aam Aadmi Party (AAP) embroiled in a money laundering case linked to the Delhi Excise Policy, has sparked a fervent debate across the nation. 

This ruling, which emphasises the sanctity of individual liberty, has not only led to Nair's release after two years but also ignited a broader conversation on the rights of the accused and the principles of justice.

Reiterating that "the universal rule of bail being the rule and jail being the exception," the apex court underscored a pivotal moment in legal jurisprudence. 

The ruling came at a time when the judiciary has been increasingly scrutinising the practices of investigative agencies, particularly concerning the prolonged detention of individuals without trial. 

Social media platforms were flooded with the demand for broader bail reforms as millions continue to be in jail without trial over the last several decades. 

Many users of microblogging platform X questioned the timing and the selective application of judicial leniency. 

Some of the X users argued that this decision might set a precedent that could undermine ongoing investigations, especially in politically sensitive cases.

The growing clamour for comprehensive bail reforms includes a reevaluation of how bail is granted, emphasising speedy trials or the release of those detained without substantial progress in their cases.

Increasing public understanding of legal rights, particularly the right to default bail, will empower individuals to seek legal redress, said a senior advocate on the condition of anonymity.

However, the senior advocate pointed towards the prevailing social and financial divide which denies justice to the common people.

“You either have to be influential to get a bail in the matters as crucial as PMLA or UAPA. People would have formed a queue before the Supreme Court with lakhs of such cases if they had money. 95% of Indians, largely poor among OBCs, SC, ST or minority are devoid of justice amid political guarantees for ‘nyay’,” the senior advocate said.

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