Sc: Individual Liberty Not At The Cost Of Community Security

SC: Individual liberty not at the cost of community security 1/3/2009 The Supreme Court has held that security of the community is supreme and liberty of a citizen can not be preserved at the cost of the peace and tranquillity in society. A bench comprising Justices Dr Arijit Pasayat and Dr Mukundakam Sharma while dismissing the appeal of an alleged smuggler of antiques against an order of Rajasthan High Court rejected the bail application filed by appellant Vaman Narayan Ghiya. Dismissing the bail plea the bench noted, ‘Personal liberty is fundamental and can be circumscribed only by some process sanctioned by the law.’ ‘Liberty of a citizen is undoubtedly important, but this is to be balanced with the security of the community. A balance is required to be maintained between the personal liberty of the accused and the investigational right of the police. It must result in minimum interference with the personal liberty of the accused and the right of the police to investigate the case. It has to dovetail two conflicting demands namely on one hand the requirements of the society for being shielded from the hazards of being exposed to the misadventures of a person alleged to have committed a crime and on the other hand the fundamental cannon of criminal jurisprudence that is the presumption of innocence of an accused till he is found guilty,’ the supreme court said. The apex court concluded in its 13-page judgement by noting the law of bail like any other branch of law has its own philosophy and occupies an important place in the administration of justice, and the concept of bail emerges from the conflict between the police powers to restrict liberty of a man who is alleged to have committed a crime. An accused is not detained in custody with the object of punishing him on the assumption of his guilt. Bail may thus be regarded as a mechanism whereby the state devaluates upon the community function of securing the presence of prisoners, and at the same time involves participation of the community in administration of justice.’ Dr Pasayat writing judgement for the bench however also ruled that a blanket order should not generally be passed while granting anticipatory bail to an accused under the Section 438 CrPC as it would serve as a blanket to cover or protect any and every kind of alleged unlawful activity. Individual liberty is neither a passport to the commission of crime nor a shield against any and all kinds of accusations likely or unlikely. The apex court dismissed the bail application of Ghiya. UNI

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