Delhi’s Rouse Avenue court referenced a speech by Chief Justice of India DY Chandrachud while granting bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case on Thursday. The court emphasized the necessity of speeding up court procedures and protecting the rights of undertrials.
Special CBI Judge Nyay Bindu referred to Chief Justice Chandrachud’s address at the CBI Day celebration, where he acknowledged the challenging tasks of trial court special judges handling CBI and Enforcement Directorate cases. The judge noted that the Supreme Court and the Chief Justice have been advocating for trial courts to expedite judicial processes in such matters.
“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,” the court stated. Justice Bindu highlighted that both the Supreme Court and the High Courts have been emphasizing to trial courts the importance of considering 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," stressing that this principle cannot be ignored. The court emphasized that it is crucial to ensure that no innocent person is punished while preventing guilty individuals from escaping justice.
“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 upheld the trial court's order granting bail to Kejriwal, stating it was reserving the order for 2-3 days to thoroughly review the entire records.
