SC Bats For Stricter Approach In Granting Bail To Police In Custodial Death Cases
Supreme Court’s stricter approach in granting bail to police officers involved in custodial death cases
Background
Custodial deaths, where a person dies while in police custody or during interrogation, raise serious concerns about abuse of power, violation of human rights, and custodial torture. To curb such incidents and ensure accountability, courts, especially the Supreme Court of India, have emphasized a stricter and more cautious approach in granting bail to police officers accused in such cases.
Why Stricter Bail Norms in Custodial Death Cases?
Nature of the Offense: Custodial deaths are grave violations of fundamental rights and often involve abuse of official position and power. Such offenses shake public confidence in the criminal justice system.
Seriousness and Gravity: The custodial death involves loss of life, which is irreversible and demands strict scrutiny.
Role of the Police: Police are duty-bound to protect citizens and uphold the law. When custodial death occurs, it suggests dereliction of duty or criminal negligence, often deliberate.
Ensuring Justice and Deterrence: Bail in such cases should not be routine or easy. A stringent approach acts as deterrence against custodial misconduct.
Principles Laid Down by the Supreme Court
The Supreme Court has laid down several principles and guidelines in bail matters involving custodial death cases, emphasizing strict scrutiny, protection of human rights, and accountability.
Key Case Laws and Their Contributions:
1. State of Haryana v. Bhajan Lal, AIR 1992 SC 604
This landmark case laid down the general principles governing grant or refusal of bail.
The Court held that in cases involving serious offenses (which would include custodial death), bail should be refused unless the accused can establish exceptional circumstances.
Custodial death cases fall under serious offenses due to their nature and impact on fundamental rights.
2. Joginder Kumar v. State of UP, AIR 1994 SC 1349
The Court stressed that arrest and custody are serious matters, especially where human rights violations are alleged.
Police custody must not be used as a tool for harassment.
Bail should not be lightly granted to accused officers where the custodial death has occurred unless strong reasons exist.
3. People’s Union for Civil Liberties (PUCL) v. State of Maharashtra, AIR 2014 SC 1443
The Supreme Court recognized the problem of custodial deaths and torture.
The Court stressed accountability of police officers and the need for strict judicial scrutiny.
It highlighted that granting bail should not be routine in custodial death cases and courts should carefully examine the facts and evidence before releasing police officers.
4. Joginder Kumar v. State of UP, (1994) 4 SCC 260
The Court underscored the importance of protecting accused persons from arbitrary detention but balanced this with the need for a careful approach where custodial deaths occur.
It emphasized the right to life under Article 21 and the role of the court in ensuring that custodial deaths are not covered up by premature bail grants.
5. State of Rajasthan v. Balchand alias Baliya, AIR 1977 SC 2447
Though this case dealt generally with bail, it emphasized the principle that in cases of custodial violence or deaths, bail should be cautiously granted, ensuring that the accused does not interfere with the investigation or intimidate witnesses.
Summary of the Supreme Court’s Stricter Approach
Presumption of Innocence Does Not Translate to Easy Bail: Even though an accused is presumed innocent, courts must balance this with the gravity of custodial death.
High Standard for Bail: Bail should not be granted merely on technical grounds. The accused police officer must show exceptional circumstances.
Protection of Investigation and Witnesses: Bail can be refused if the accused is likely to influence witnesses or tamper with evidence.
Custodial Death as an Aggravating Factor: The very occurrence of custodial death necessitates higher judicial caution.
Not a Punishment but Accountability: Bail rules aim to prevent miscarriage of justice and ensure accountability without denying the accused’s rights.
Practical Implications
Police officers accused of custodial death may face denial or stringent conditions for bail.
Courts will often require a thorough investigation report before considering bail.
Higher courts take a strict stance to deter police excesses.
Bail orders may include monitoring mechanisms or restrictions to prevent tampering with the case.
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