Salma's case is one among the whopping 22.2 million Indians under trial & 18.5 million criminal cases in district and lower courts..But Salma could get a bail on the same day! This is how our legal system operates for the rich and powerful, high & mighty! Sad state of affairs indeed!
[h=1]Salman Khan gets multiple bails while lakhs of undertrials languish in jails[/h]
Harish V. Nair |
Mail Today | New Delhi, May 9, 2015
Bollywood superstar Salman Khan relaxes at his Bandra home despite getting a "harsh" five-year jail term in the 2002 hit-and-run case as the Bombay High Court on Friday ruled that he does not have to go to jail till his appeal against conviction has been decided.
However, the pace at which the wheels of justice moved for the celebrity - interim bail on Wednesday and regular bail within two days - has raised eyebrows. Several legal expert say such swiftness has no precedence.
"If you can afford an expensive lawyer, justice is very cheap in India", "those who have money can get away with anything", "it is difficult for the poor to get justice in this country, it is difficult to punish those who wield influence" were some of the messages which went viral on social media after Salman walked free.
Common bail applicants, especially from the weaker sections of society, languish in jail for several months or years together before their bail or appeal comes up for hearing in the "regular course". It is a well-known fact that the Indian judiciary is not as proactive in their case.
At least 2.73 lakh undertrials, many of whom may be innocent and are unable to secure bail, languish behind bars across the country.
Senior lawyer Ramesh Gupta, who had represented businessman Sanjeev Nanda in the 1999 BMW-hit-and-run case which had almost similar facts, said: "As a defence lawyer I am happy that this bail, including an unprecedented interim bail on the same day, will create a precedent for all similar cases. In Nanda's case, bail was not easy and it took long."
Legal experts say Salman definitely played his cards shrewdly by immediately filing an appeal before the Bombay High Court and by hiring India's most expensive and proficient advocate Harish Salve after being found guilty.
Salve, with his legal mastery, instantaneously got him bail on technical grounds while finding loopholes in the system. It was another famous lawyer Amit Desai who got him regular bail on Friday. Salman may have used his legal resources to the best, but bail on the first hearing itself, on both the occasions is rare even then. Justice Abhay Thipsay observed while granting bail: "Normal rule is that when an appeal is admitted and the sentence is under seven years, it (the sentence) is suspended.
Why do you (prosecution) want to depart from this norm?" Legal experts are left wondering on the number of such occasions, where judges have made such comments.
The court has directed the Bollywood superstar to surrender his passport. Desai argued that the trial court ignored his defence that there were four persons in the car, including his driver Ashok Singh, who was behind the wheel at the time of the accident.
He also argued that the prosecution's sole eyewitness Ravindra Patil (Khan's then police bodyguard) was an unwilling witness and he was forced to give evidence about Khan driving the car.
The lawyer also said that Patil had, in an interview a day after the accident, said there were four persons in the car. However, during the trial, he contradicted himself by saying there were only three persons.
Salman Khan gets multiple bails while lakhs of undertrials languish in jails : Mail Today, News - India Today