'Process Becomes Punishment': Former SC Judge Sanjay Kishan Kaul on Bail and Justice
Former SC judge Justice Sanjay Kishan Kaul critiques the legal system, stating that the pre-conviction process has become a punishment.
In a striking critique of the Indian judicial system, former Supreme Court judge Justice Sanjay Kishan Kaul has observed that the period leading up to a conviction or acquittal has effectively turned into a form of punishment. Speaking on the denial of bail to Umar Khalid and Sharjeel Imam, Justice Kaul highlighted a systemic failure where the legal process itself penalizes the accused before a verdict is even reached.
The Dilemma of Pre-Trial Detention
During an interview with ANI, Justice Kaul emphasized his belief that bail should be the standard practice in legal proceedings. He argued that while conviction is intended to be the actual punishment, the prolonged nature of custody during the trial phase often mirrors that punishment.
"I have taken a generally very liberal view on bail. I feel the bail cannot be the punishment. The conviction is the punishment. In our system, unfortunately, the pre-conviction or acquittal period itself becomes a punishment. The process becomes a punishment," Justice Kaul stated.
He noted that this is a concern shared by many in the judiciary. He recalled his time working with Justice Sundaresh, describing him as a liberal judge, and mentioned their efforts to elaborate on bail norms and question the necessity of prolonged custody in various cases.
The Legal Hurdle: Special Statutes
Despite his liberal stance on the necessity of bail, Justice Kaul acknowledged the complexities introduced by specific laws. He pointed out that while bail should ideally be the norm, there are certain statutes and acts that explicitly prohibit the granting of bail in specific types of cases, creating a legal deadlock for the accused.
The Context: Umar Khalid and Sharjeel Imam
The comments come against the backdrop of the ongoing legal battles of Umar Khalid and Sharjeel Imam. Both individuals have been accused under the Unlawful Activities (Prevention) Act (UAPA) in connection with an alleged larger conspiracy surrounding the February 2020 northeast Delhi riots.
The 2020 violence, which erupted during protests against the Citizenship (Amendment) Act (CAA) and the proposed National Register of Citizens (NRC), resulted in the deaths of 53 people and left over 700 injured, according to prosecution records.
A Series of Bail Denials
The road to freedom has remained blocked for both Khalid and Imam through multiple judicial tiers:
- Supreme Court: On January 5 this year, the apex court denied bail to both men, noting that they stood on a "qualitatively different footing" regarding the evidence and prosecution.
- Delhi High Court: In September, the High Court also rejected their bail pleas.
The cases stem from FIR 59/2020, registered by the Delhi Police Special Cell, which investigates the alleged conspiracy behind the riots.
Upcoming Memoir
Justice Sanjay Kishan Kaul’s reflections on the law and the judiciary are further explored in his upcoming memoir, "Without Fear or Favour". Co-authored with Jay Vinayak Ojha, the book is scheduled for release on October 31.