CANCEL THE BAIL

That on Thursday, the 2nd December 1948 in Constituent Assembly of India met in the Constitution Hall, New Delhi, Shri Brajeshwar Prasad while participating in a discussion about Article 13, limitation on fundamental rights, stated as follows; “The political criminal in the pursuit of his nefarious designs resorted to methods and anties very well known to the administrators of old. The laws and judicial institutions were strong enough to grapple with these problems. The technique and methods widely employed by modern law-breakers cannot effectively be checked by judicial institutions and ordinary laws of the nineteenth century. The state must be vested with wide discretionary powers and the freedom of the individual must be seriously curtailed if the parasitical class that thrives on profit and exploitation is to be liquidated and the communists are to be checked from endangering the safety and existence of all the institutions of our modern life”..

Though the above words were used in a different context, today in this modern world India, it is imperative to have certain restrictions on the fundamental rights guaranteed by the constitution of India to the criminal politicians and other criminals who are aspiring to become political leaders. That, political leaders and elected members of our legislative houses are enjoying unrestricted power and privileges but without any accountability. If they are alleged with serious criminal offenses, then, they should not enjoy bail freedom without getting completely exonerated from the allegations through a due process of law. This one step will save our country from its dismal track record on law, order, and justice delivery system. In this background, A criminal writ petition is filed before the Hon’ble Supreme Court of India with the prayer that,

Pass declaration of law that while exercising jurisdiction under section 437, 438 and 439 of the Code of Criminal Procedure all the courts of the country to deny bail to every politician who is facing serious criminal allegations and also cancel the bail granted to those criminal politicians who are facing charges in heinous criminal offenses in which the trial could not be taken place or concluded for the last 5 five years or more.

The above prayer is sought from the custodian of the Constitution of India on the basis of various facts and circumstances proving the fact that on account of criminal politicians influencing our legislative bodies we are not getting an impartial investigating agency and speedy justice delivery system. The present system is only favoring and protecting these powerful political class and not the common man. There is a breakdown of constitutional mandates.

Below mentioned substantial questions of law are being framed in the petition for a proper debate and answering.

(1) Whether it is legal and permissible for a charge-sheeted offender who is on bail to hold public office and cause more losses to the exchequer?.

(2) Whether constitutional provisions allow a bailed offender to run government machinery and influence the entire government system, which was supposed to prosecute such an offender?

(3) Whether the yardstick adopted by the courts for granting bail and cancellation of bail should not require to be made more stringent when the matter involves the entire government system and its smooth functioning?.

(4) Whether it is not essential to deny bail to the politicians who are facing serious criminal charges to achieve the objective of keeping criminals out of the decision-making process of this country?

(5) Whether it is not proper to cancel the bail granted to all politicians, who are facing various criminal charges and the trial could not take place for the last five years or more?

(6) Whether the Supreme court of India is not empowered to oversee the failure of constitutional mandates of the country and take adequate and suitable measures to see its smooth functioning?

(7) Whether it is proper and justifiable for a constitutional court to keep a blind eye upon the rampant misuse of power happening across the country on the ground of political freedom by various political leaders by taking advantage of political privilege being extended by the legislative house of the country from time to time?.

(8) Whether the fact of not brining a speedy and independent investigation system across the country is not attributable to the criminal politicians who are controlling the government machinery and whether any reasonable explanation is available for criminal politicians to offer other than protecting their interest?

(9) Whether non-implementation of the report of the Law Commission to improve the judges’ ratio and other infrastructure to attain a speedy and efficacious justice delivery system is not attributable to the criminal politicians running the country through their money and muscle power? And whether the steps to control the menace of lawbreakers controlling the system is not available to the judiciary?

We, the petitioner hope that positive discussion and debate on this subject will drive us to an appropriate answer to all of the above-narrated questions of law.