Friday, February 26, 2021

Bail or jail ?

 "If it is bail vs jail, it is always bail" is a populist nostrum. It all depends on the specifics of a case and the law which governs the particular case. Unlike the general criminal law, grant of bail in cases under UAPA (Unlawful Activities Prevention Act) is exceptional and rare. Similarly, in cases involving sedition and incitement to violence, bail ought to be the last choice.

In Disha Ravi's case, Judge Dharmender Rana, has reasoned that dissemination of information is encouraged by Indian ethos and has quoted the Rig Veda which says, "आ नो भदाः कतवो यनतु िवशवतोऽदबधासो अपरीतास उिददः। (Let noble thoughts come to me from all directions).” The Hon.Judge has concluded from this that we must welcome divergent thoughts. This is a wrong conclusion because the Veda refers only to noble thoughts and not any divergent thought.

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