The Rajasthan High Court has expressed b displeasure over two women being remanded to jail for 45 days in bailable offenses in Jaipur. Considering this a violation of fundamental rights, the court has ordered action against lower courts and police officials.
Rajasthan High Court: The Rajasthan High Court on Friday took a stern stance on a serious lapse in Jaipur. The court expressed its displeasure over two women, arrested under bailable sections, being sent to jail for approximately a month and a half. The High Court termed this a violation of the women's fundamental rights and a flaw in the judicial process. The court directed the District Judge to take action against the concerned Judicial Magistrate and Additional District Judge (ADJ), and also ordered the Director General of Police (DGP) of the state to seek explanations from responsible police officers.
High Court Strict on Remand to Jail Even in Bailable Offenses
The Rajasthan High Court has expressed sharp indignation over two women being kept in jail for 45 days despite being booked under bailable offenses in Jaipur. The court stated that this is a violation of the women's fundamental rights and an example of a serious lapse in the judicial process. The High Court has ordered action against lower courts and police officials.
Case Linked to Chitrakoot Police Station in Jaipur
This case is related to the Chitrakoot police station in Jaipur. On June 16, the police arrested two women on charges of sextortion following a complaint by a businessman. The registered sections were entirely bailable, meaning the accused should have been granted bail from the police station itself. Despite this, the police produced them in court, and the Judicial Magistrate remanded them to jail without reviewing sufficient facts.
Moreover, the magistrate repeatedly rejected the women's bail applications. When the matter reached the court of ADJ-6 in Jaipur, bail was still not granted. Finally, on July 28, the Rajasthan High Court granted relief to both women by granting them bail.
Bail is an Accused's Right: High Court
In its order, the High Court stated that in bailable cases, obtaining bail is a constitutional right of the accused. The court remarked that personal liberty is the greatest asset of any individual, which cannot be arbitrarily snatched away.
The court also clarified that if the accused is willing to furnish a bail bond and security amount, the police or courts have no right to deny bail. In this case, the police, judicial officers, and even government lawyers failed to fulfill their responsibilities.
Court Expresses Regret, Terming it a Serious Lapse in Judicial Process
The bench of Justice Anil Upman stated in its order that sending these women to jail unnecessarily is a serious lapse in the judicial process. The court expressed deep displeasure over this and clarified that it is necessary to fix the accountability of the judiciary in such matters.
The High Court warned that if such negligence is repeated in the future, it could further increase incidents of violation of personal liberty. The court also stated that making the judicial system sensitive and responsible is the need of the hour.
