PIL
james bhatti
(Querist) 01 June 2011
This query is : Resolved
Hi all experts,
I want to file an P.I.L about the discretion of courts in granting bail. Will any expert practicing lawyer will help me? I am an advocate practicing in Jalandhar.
Also suggest if the petition should be filed in Punjab High Court or in SC.
Your reply shall be appreciated.
Sincerely,
manoj kumar
(Expert) 02 June 2011
Mr. Bhatti discretion in granting bail is a statutory provision and jugdges are given such discretion to meet the end of justice . There is nothing unconstitutional about it therfore PIL will not attract to this issue and since it has been created by the statute therefore it can be chaged by legislature only.
vinay sonpal
(Expert) 02 June 2011
Principles for entertaining Public Interest Litigation by Writ Court requires that the person is filing the petition because those who are affected are not capable of filing their petition. It is in larger interests of the Scoeity. As provided in the CR P C except in case capital punishment , bail is rule and jail is exception. Your concern should focus on expedition of trials of accused persons who are on bail whose punishment is for more than seven years and crimes against body of a person. You must then first make representation to the Government. No court can direct government to make law but certainly can frame guidlines pending the framing of law. Personal liberty is ensured in Constitution and unless convicted no body can lose liberty untill convicted. On this principles PIL will not be remedy.
Guest
(Expert) 06 June 2011
Discretion of judge is not absolute, but mostly depends on how the judge is convinced about application for bail.
R.Ramachandran
(Expert) 06 June 2011
Dear Mr. James,
You should by your experience know that law is not a simple arithmatic formula. A judge hearing a matter has to take into account various surrounding factors. Thus the discretion, whether you wish or not wish, definitely creeps in. Therefore, your idea of filing a PIL against the discretion of the judges while considering the bail cases, seems to me, to put it very mildly, a far fetched one. I do not think, even very recently, Mr. Ram Jethmalani, who argued for Kanimozhi in 2G Spectrum case, ever questioned the discretion of the judge in granting or refusing the bail.
I think by now, you would have got a fair answer to your query.
