The Bail Divide: A Constitutional Conundrum The Supreme Court's recent expression of "serious reservations" on its own court ruling denying bail to Umar Khalid and Sharjeel Imam has thrown a spotlight on the precarious balance between individual liberty and national security in India.
At the heart of this debate lies a fundamental question: what is the true meaning of bail in cases involving terrorism and public order offenses?
The Court's bench, comprising Justices B V Nagarathna and Ujjal Bhuyan, has raised pointed concerns about the erosion of constitutional principles by smaller benches progressively hollowing out the force of larger bench decisions.