The Supreme Court has held that an accused should not be deprived of liberty and languish in jail during custody because of delay on part of the investigating agencies in concluding the probe. It is estimated that @ 70 % of the 500, 000 prisoners in jail are either undertrials or against whom no chargesheet has been filed till date. As per law no magistrate can authorize the detention of the defendant in custody beyond 60 or 90 days depending upon the severity of the offence and the accused has to be mandatorily released on bail on expiry of the said period. But in New India, all investigation bodies try their utmost to prevent the release of an undertrial whom the sarkar perceives as being inimical to its interests. The ongoing unjustifiable custody of a fact-checking journalist is a chilling reminder of how codified judicial practices are being flouted with impunity and how jail, not bail is the norm. Indian courts need to become more proactive to defend the rights of citizens else there is not a hope in hell for the country.
