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  • Category: Miscellaneous

    Do you agree with SC observations that accused be given bail and not jail ?

    There has been drastic change in the thinking process of our Supreme court these days as new avenues are being explored to stop piling of cases for no clear cut reasons. The recent being the SC observations that accused be given bail and not jail and the lower courts should not target punishing the accused for reasons to which there is no evidence and the case need not be prolonged at the cost of police inability to nab the right culprits. This is very good thought process but care must be taken that the judiciary should not be misused by the powered people to get bail even on established cases. Do you agree to the proposal ?
  • #748052
    Without having proper pieces of evidence, why a person should suffer in jail for a long time when the police are not able to find the actual culprit. So rejecting bail where there are fewer chances for a person to be the culprit. In this backdrop only I think Supreme Court might have made such remarks. If a person was in Jail as accused for a long time and if he was not proved guilty, who can compensate for the tension and mental torture he had when he was behind the bars. So the remarks of the supreme court appear to be apt. Again this depends on the severity of the case, the decision is to be taken.
    always confident

  • #748056

    If prisons are designed to curb crime, then the real function of prisons would be to continuously reduce crime. But in reality, the exact opposite happens, meaning that the number of criminal laws and the number of criminals increases with the number of prisons, so the number of prisons increases, more laws, more prisons. In this way, this process continues in a cycle.

    Why is it that more and more similar prisons are being built without changing the structure of prisons despite the endless failure of prisons to curb crime? It is important to judge whether the prison or the punishment process is good or bad. If we look at the structural feature of European prisons, their cells are located step by step from bottom to top. Above all, there is the Watch Tower, from which the guards watch over the prisoners. If a prisoner moves a little, he is caught, and he is inevitably given severe punishment. Because of this, the idea that all prisoners are under surveillance is born. This idea, in the minds of the prisoners, gives rise to a new form of power. Prisoners began to exercise self-control, whether on guard or not. Prisoners' self-control for fear of possible punishment is not a surrender to the power of an individual, but to a new kind of power controlled by a special institution of society (the prison).

    Those in power saw that this was a huge advantage. At a low cost, with small manpower, a large number of people can be controlled in this 'disciplinary control' system. From here, things get trickier, and this is where the true control of crime comes in! But in the beginning, the structure of the prison played a major role but then it became the main criminal law, legal process, courts, police, etc. All of this combined to create a 'penal system' that forces all people in society to consider certain acts as a crime under certain laws. This obedience of the common man to the new law and its application, though seemingly unanimous, is in fact enforced. However, this emphasis does not come from the physical strength of the person, it comes from the badge of 'scientific knowledge' uttered by the expert. Some principles are used to make expert knowledge "special"; For example, the determination of certain methods of generating and evaluating knowledge, the institutionalization of methods of knowledge production, the formal recognition of certain individuals as formal experts in the respective institutions, and the introduction of certain practices related to this special knowledge into society.

    There are millions of court cases pending in our country, new cases are piling up on it. I think such a decision is a very important and appropriate step in the current situation of the judiciary.

    Believe in the existence of God the superpower.

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