Jethmalani speaking to NDTV’s Srinivasan Jain has said that orders of the trial court and High Court are a perversion of the bail law. Jethmalani is defending MP Kanimozhi and Unitech MD Sanjay Chandra.
Jethmalani speaking to NDTV’s Srinivasan Jain (Vasu) has said that orders of the trial court and High Court are a perversion of the bail law. Jethmalani is defending MP Kanimozhi and Unitech MD Sanjay Chandra.
Here is an excerpt of the NDTV interview:
In an exclusive interview to NDTV’s Sreenivsan Jain, Mr Jethmalani has said that the orders of the courts were a perversion of the bail law, and the judges are playing to the gallery. He said he will raise this issue in the Supreme Court.
Vasu: Here is somebody who has been charged with illegal gratification of a public servant of using her influence to lobby for someone who has become the telecom minister.
Jethmalani: When have you found? It has never happened in the history of our Courts that in bribery offences, bail has been ultimately denied to anybody.
Vasu: And it is happening for the first time?
Jethmalani: It happening for the first time, this kind of perverse exercise of bail power.
Vasu: That’s very strong language you are using against the judiciary?
Jethmalani: Of course, I am using this. I have said so and I am repeating this and I will tell the Supreme Court that this is a subversion of our jurisprudence.
Vasu: This is an order passed both by the High Court and the Sessions Court. Even in the High Court, when the bail was refused Justice Ajit Bharihoke said while the arguments of the petitioners appear to be attractive one cannot ignore the history of this case from the recorded evidence that despite collected prima facie evidence of petitioners in deep rooted conspiracy involving corrupt practice by the public servants neither of the petitioners were arrested by the CBI nor were they taken into custody and produced in Court along with the chargesheet.
Jethmalani: It is again the mistake of the Judges to think that an arrest is compulsory. Arrest is compulsory if there is a genuine need of custodial interrogation or to prevent absconding or tampering with evidence. None of these circumstances existed
Vasu: No, here the Judge seems to be implying something even more serious. They seem to be implying that these people are so influential that they managed to pressurize the CBI to not arrest them before the chargesheet was filed. That’s the implication.
Jethmalani: I regret to say this. This is Judges playing to the gallery. This is not attachment to jurisprudence.
Vasu: This kind of comment runs the risk of contempt.
Jethmalani: Of course the Judges are playing to the gallery the media has taken over most of these investigations. On the other hand I appreciate that some offences should have been detected earlier, should have been detected by the CBI itself. There are some offences that the PM must have reported himself. All this has happened but that doesn’t mean that people should not be given bail.