Congress alerts states dominated by it could liberalise bail legislation
A DAY after the Supreme Court mentioned “there is a pressing need” for a bail legislation within the nation to “streamline the grant of bails”, the Congress on Tuesday signaled that party-ruled Rajasthan and Chhattisgarh may enact amendments, which can liberalise the bail legislation.
Alleging that the ruling BJP is making an attempt to rule via worry and management via coercion, the principle opposition social gathering mentioned the Supreme Court’s observations in that context is a “much needed guidance”.
“We have seen, over the last 7 years, egregious executive action, on flimsy grounds, invoking usually inapplicable provisions like sedition, UAPA etc. The ruling party governments, both at the Centre and in many states, have been the most frequent defaulter in this regard. Often they are fully aware of the abuse of legal provisions they are indulging in but equally apply the principle that the process is the punishment and the end result be damned. Tardiness or hesitation of courts through bail intervention in this regard exacerbates the problem,” senior Congress chief Abhishek Singhvi mentioned at an AICC briefing.
He mentioned the “Congress ruled states are likely, of course, subject to their own legislatures and the constitutional provisions, enact amendments, which will liberalize the bail law”.
“We the Congress Party intend, using due process of law, in accordance with the Constitution and obviously subject to due legislative process in Congress ruled states, to create in the near future legislative enactments encapsulating, in letter and spirit, as many as possible of the SC guidelines through appropriate state amendments,” he mentioned.
Singhvi additionally accused the federal government of intimidating the judiciary, interfering in its functioning and influencing its choices.
“The BJP is equally on a spree to sabotage, subjugate, and subvert the judiciary. It has excessively but selectively delayed judicial appointment proposals both to the High Courts and to the Supreme Court – Justice Akil Kureshi being only one out of many such names. It has arbitrarily bifurcated approved judicial appointees’ lists to the higher judiciary, again selectively, to allow some from the original common list to be appointed quickly, while selectively appointing others after a considerable time lag, thereby irreversibly prejudicing their inter se seniority,” he mentioned.
He alleged that the ruling social gathering has additionally “inaugurated an ambiance of fear, trepidation, anxiety and hesitation in the judicial sector by the misuse of dossier raj and oblique insinuations based thereupon and tried to prevail upon judicial collegia, understandably keen to fill ever increasing vacancies, to do punitive transfers of judicial authorities perceived as inconvenient”.
“It has attempted illegally and unfairly to interfere, whenever it can and whenever it deems necessary as per its own narrow, party and ideological thinking, with judges and the judiciary in general and the legal process and tried to install a section of judicial personnel vetted by it and its supporters, on impermissible tests of loyalty, ideology and commitment to itself,” he alleged.