A recent ruling by the Gujarat High Court stated that a person cannot be denied their liberty just because they fear they would tamper with the evidence.
Gujarat High Court holds that a person cannot be deprived of his liberty because of an apprehension that he might tamper with evidence
“Necessity” occasionally dictates that some innocent people be detained pending trial in order to ensure their presence at the trial, but in such circumstances, “necessity” is the determining factor, a single-judge bench said.
Also Read: Vice President defends his response to Sonia Gandhi’s judiciary remark
In India’s constitution, concept idea of personal liberty is firmly established
The court further noted that, except in the most extraordinary circumstances, it would be quite contrary to the concept of personal liberty enshrined in the Indian Constitution for anyone to be punished for any matter for which they have not been found guilty or to be imprisoned solely on the basis of the suspicion that they will tamper with the witnesses if given their freedom.
Justice Samir Dave made these remarks while he considered a request for bail in a murder case that occurred in October 2018.
The HC also rejected the “amicable settlement” in the case “Such a practise is unnecessary and it amounts to hampering/tampering with the evidence or witnesses, when such a heinous criminal of murder is committed,” he noted in a statement between the parties. Due to the seriousness and gravity of the offence committed by the accused, this Court believes that the affidavit on oath submitted by the original complainant cannot be taken into consideration.”
Also Read: Rajasthan: Gehlot accuses RSS of ‘weakening’ democracy, says our fight is against BJP-RSS ideology
Keep watching our YouTube Channel ‘DNP INDIA’. Also, please subscribe and follow us on FACEBOOK, INSTAGRAM, and TWITTER