“Bail rule, Jail exception” principle by Supreme Court not applied uniformly by Indian courts

Congress party’s promise to implement ‘bail rule, jail exception’ principle, BJP’s objection.Despite a strong precedent set by Supreme Court, the ruling party has strongly opposed the “Bail rule, jail exception” principle which was set out as a promise in Congress party’s 2019 election manifesto.The chapter titled ‘Review Of Laws, Rules And Regulations’ of the manifesto noted that, “…we are an over-legislated and over-regulated country. Laws, Rules and Regulations have proliferated and restricted freedoms. Consequently, there are severe restrictions on innovation, enterprise and experimentation, and economic growth has suffered,” and specifically promised to “amend the Code of Criminal Procedure and related laws to affirm the principle that ‘Bail is the rule and jail is the exception.”Ironically, the Prime Minister, who is expected to be aware of legal principles and Constitutional rights as well as global practices, himself targeted this very promise.In an election speech on April 9, 2019 he said, “The Congress manifesto is the document anti-India forces were waiting for. It made terrorists very happy because it says, bail is rule and jail is the exception. I was shocked to read this. But when I saw the recounting minister who headed the manifesto committee I was not surprised. After all getting bail is important for his own existence. And do not forget his bosses are also out on bail on tax fraud.”In several other speeches during the 2019 campaign Modi repeatedly attacked the principle making claims such as, “it is a conspiracy to weaken the veer jawans, it would give the rapists free hand, those who attack your sisters and daughters will not be put in jail anymore,” and so on.



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