In a series of significant judgments throughout 2023, the Supreme Court of India reaffirmed its commitment to personal liberty, emphasizing that ‘bail is the rule and jail is the exception’. Led by Chief Justice Dhananjaya Y Chandrachud’s emphasis on prioritizing personal liberty, the apex court addressed multiple cases concerning bail and arrest provisions.
One notable instance involved Benoy Babu, an official from Pernod Ricard, who was granted bail in the Delhi Excise Policy case. The court underscored the impermissibility of prolonged incarceration without trial. Similarly, in a case under the NDPS Act, the court modified a High Court’s interim bail order, emphasizing that bail durations should align with the right to liberty enshrined in Article 21 of the Constitution.
The year also saw the court granting bail to activist Teesta Setalvad in the 2002 Gujarat riots case, and to directors of M3M in a money-laundering case, where it criticized the Enforcement Directorate’s approach. Other significant decisions included bail grants in the Bengal school recruitment scam, the Antilia bomb scare case, the murder of a Shiv Sena leader, and the Elgar Parishad conspiracy case.
In a unique move highlighting the importance of judicial compliance, the Supreme Court directed the training of a sessions judge for non-compliance with its bail judgment directives. Furthermore, in a case related to skill development, the court granted bail to a former CEO at Siemens, noting the cooperative stance of the accused.
These decisions collectively underscore the Supreme Court’s unwavering commitment to upholding personal liberty while ensuring justice and fairness in the Indian judicial system.
