This opinion, written with Abhinav Gaur and published in The Daily Guardian, examines the evolving discourse on judicial discretion in bail matters in the context of orders passed by Hon'ble Justice Pankaj Bhatia, the subsequent observations of the Hon'ble Supreme Court, and the analysis presented by The Indian Express.
The piece approaches the question from the foundational principles of criminal jurisprudence and attempts a balanced and reasoned perspective on a matter of legal and institutional importance.
At its core, the discussion returns to a settled principle: justice must not only be done but must also be seen to be done, for that is central to public confidence in the rule of law.
This note is for general information only and is not legal advice. For advice on a specific matter, please contact the firm.