Fundamental Rights

Choose the Correct Answer

Correct Answer : Option c

Explanation
Context: The Supreme Court denied bail to an accused involved in an alleged Khalistan module, stating that the principle of 'bail is rule, jail is the exception' is not applicable under the Unlawful Activities Prevention Act (UAPA).
The principle "bail is the rule, jail is the exception" is a foundational doctrine in Indian criminal jurisprudence, emphasizing the presumption of innocence and the protection of personal liberty under Article 21 of the Indian Constitution.

Statement 1 is correct: Article 21 of the Constitution of India guarantees the right to life and personal liberty, stating that no person shall be deprived of these except according to the procedure established by law. The Supreme Court has repeatedly held that pre-trial detention should not be the norm, as it infringes on this fundamental right unless justified by compelling reasons. The principle "bail is the rule, jail is the exception" is seen as a paraphrasing of Article 21, emphasizing that liberty is the rule and deprivation is the exception, and pre-trial detention should only occur when strictly necessary.

Statement 2 is correct: The Supreme Court and High Courts have clarified that while bail is generally favored, there are well-recognized exceptions. Courts retain discretion to deny bail in cases where there are risks such as flight, tampering with evidence, repeating the offence, or threats to the community. Thus, the principle is not absolute, and judicial discretion is exercised based on the facts and circumstances of each case.