Rule of Law is extension of natural justice without discrimination

Law, Rule of Law, Natural Justice Judicial activism is desirable in a democracy, but it should not water down the Natural Justice which forms the core and crux of Rule of Law. The Law holds no discrimination and equality of all persons before Law is a basic right, a human right, a fundamental ingredient of Natural Justice. The established principle of Criminal jurisprudence that in the absence of specific countervailing factors, there is a general perception in favour of bail in all cognizable cases. This legal covenant is a natural extension of Rule of Law that presumes that all are innocent until proved guilty. The maxim “let hundred guilty escape punishments, but not a single innocent be found guilty.” In a recent case involving grant of bail to Ms Kannimozhi, one of the accused in the 2 G scam, the CBI Court despite not opposing bail of one accused woman was denied bail by stating that the benefit of Sec 437 Cr.PC was not available to her as she belonged to the upper strata of the Society. Sec 437 Cr.PC does not differentiate between classes of women. The benefit of gender justice seems to have been interpreted differently by the Judge when there is no distinction in the Constitution or the code of Criminal procedure regarding class distinction. This is a mistaken conclusion. Further, the Judge says that the ends of Justice would be better served, by incarceration in jail during the trial as the accused can influence the witnesses. No where in the IPC or Cr.PC such a course is prescribed. The charge sheet is filed, and the case against her is mostly circumstantial, evidence being the various records which are in Court’s custody, and the chances of intimidation of witness looks far fetched. Further more, the Supreme Court had asked her to appeal for bail after the filing of the charge sheet. The same judge who denied her bail gave her good certificate by saying that he had to reluctantly deny her bail as he found her dignified in her conduct within the Court room. The Judge has quoted the Sathyam judgement of the Supreme Court for refusing bail. The same Supreme Court has enlarged all the accused in Sathyam case including Ramalinga Raju. Therefore, the ends of Justice would be better served,if the legal issues which vary from case to case are decided on merits. The judiciary should not get swayed by public opinion, and public sentiment, as Public perception is based on little known facts and liable to change.