Delhi’s Rouse Avenue court granted bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case on Thursday, referencing a speech by Chief Justice of India DY Chandrachud. The court emphasized the importance of expediting court procedures and safeguarding the rights of undertrials.
Special CBI Judge Nyay Bindu highlighted Chief Justice Chandrachud’s remarks at the CBI Day celebration, where he acknowledged the challenging responsibilities of trial court special judges who handle cases for the CBI and Enforcement Directorate. The judge noted that both the Supreme Court and the Chief Justice have been advocating for trial courts to accelerate the judicial process in such matters.
The court stated, “This is the call of the day that the government authorities and the Higher Courts want to reduce the pendency of cases and to expedite the proceedings.” Justice Bindu also pointed out that the top court and the High Courts have been urging trial courts to consider the constitutional rights of undertrials.
In its order, the court cited the words of American statesman Benjamin Franklin: "It is better that 100 guilty persons should escape than that one innocent person should suffer." The court stressed that this principle should not be ignored, as it places a duty not only to prevent the guilty from escaping justice but also to ensure that no innocent person is wrongfully punished.
“There have been thousands of cases where the accused have undergone long-lasting trials and endured significant agony, only to be acquitted by the court for being innocent. Unfortunately, the mental and physical suffering of such individuals cannot be compensated in any manner whatsoever,” the bail order noted.
Additionally, the court referenced the words of Lord Chief Justice of England, Lord Hewart: "Justice should not only be done but should be seen to be done." The order remarked, “If an accused has undergone the atrocities of the system until his innocence is realized, then he could never conceive that 'JUSTICE' has actually been done in his favour.”
However, the Delhi High Court stayed the trial court's order granting bail to Kejriwal. The High Court stated it was reserving the order for 2-3 days to review the entire records thoroughly.
