Importance of anticipatory bail provision

I agree with Justice Markandey Katju of the Supreme Court that denial of anticipatory bail to the citizens in Uttar Pradesh is not in consonance with human rights. After all, orders under Section 438 IPC are subject to judicial scrutiny. As it is a temporary relief till regular bail is granted, what harm would the state suffer when the rulers and public representatives enjoy its benefit? If the purpose of law is to balance interests of society and individuals, why should innocent individuals suffer at the very threshold?

I further suggest the UP government to appoint a committee consisting of the High Court Chief Justice, Chief Secretary, Home Secretary DGP and persons from other fields to go into the desirability of non-retention of the provisions.

Owing to various factors, the journey to criminal justice is long and protracted. Abolition of the anticipatory bail provisions has created more problems than it solved. Even Chief Ministers have to resort to the provision of Article 226 for arrest of stay and quashing of FIRs. This remedy is a routine practice in the Allahabad High Court and courts dockets are flooded. They can take the best realistic view.

Where will the citizen go if he is without remedy and his liberty is at stake? The provisions of Section 438 were enacted on the recommendation of the Law Commission to check frivolous, baseless and vindictive complaints to disgrace by arrests arising out of political and from other causes.


Indian polity and society works under various stresses and strains involving caste, regional and political, prejudices and false complaints are lodged.

Justice R.K. MAHAJAN (retd), Former Judge, Allahabad High Court, New Shimla

Revealing survey

I read the report, “Educating girl child” (Feb 14). The survey by Participatory Research in Asia in Haryana is revealing. The state government has done enough to train the teachers to universalise elementary education. Now, the sensitisation of the villagers is beginning to take roots.

It is a good indication that the mission of universal elementary education (UEE) will be reached earlier, provided the infrastructure is developed and learning becomes a purposeful activity in the schools. The government and the administration need to strike at the teaching environment dynamics to make the teaching-learning process a satisfying experience for the teachers and the students.

The results can be fruitful if the panchayats are closely involved with the project.

The other issues raised by PRIA like disparities in mid-day meals and the distribution of incentives also require to be properly addressed.

Dr S. KUMAR, Panchkula

Sign the deal

I endorse Rajpaul Kaur’s view suggesting Prime Minister Manmohan Singh to sign the Indo-US nuclear deal (Feb 12). The Prime Minister should be bold enough to sign the deal. By doing so, India would not only improve its relations with the US but also be relieved of long power cuts.

Then, the nation will remember the Prime Minister for his economic reforms as also the historic treaty.


Fight it unitedly

We appreciate the suggestion in the editorial, “Attack terrorism” (Feb 13) that the Congress and the BJP must unite to fight the menace of terrorism in the country. It aptly stated that no part of the country is free from the scourge of terrorism and instead of blaming each other both the major parties must unite on the issue of terrorism.

The Congress and the BJP should evolve national consensus on such important issues as the Indo-US nuclear deal. India is a mature democracy and consensus on important national issues is the need of the hour.

AMAR JIT SINGH GORAYA, Griffith NSW (Australia)

Give up smoking

Union Health Minister Anbumani Ramadoss has redeemed his otherwise arrogant image by requesting Shah Rukh Khan not to smoke on screen. The cine star’s celebrity image does influence the vulnerable public mind since they consider him as their role model.

The government is spending huge funds to check the smoking menace, but ads by celebs and screen images of the stars while smoking have diluted its efforts. Smoking and drugs are the root cause of diseases like cancer, asthma, pulmonary malfunction, liver cirrhosis etc. The stars must cooperate with the government to check smoking. Let us endeavour to make India tobacco-free.


Sensitive issue

I read the news-item “Antony washes hands off age-row in Army” (Jan 30). Defence Minister A.K. Antony, a highly respected minister, has intelligently kept the sensitive issue at bay ostensibly to avoid a controversy about the top post amongst the three commanders, lest it percolates down to the aspirant officers down the line. It is surprising how the records of officers maintained by the Adjutant-General Branch and the Military Secretary’s Branch should have such glaring difference for a long time. This needs to be re-examined.

Col R.S. GURUNG (retd), Kandrori (Kangra)

Wrong message

The Himachal government’s reported move to regularise encroachments on the government land cannot be justified. Surely, this will send a wrong message to all peace-loving and law-abiding people of the state.

Moreover, it will encourage the others to take recourse to such activities. Even the government cannot reap any political benefit out of it. The need of the hour is to discourage encroachments of all kinds and give the rules.

SANTOSH KUMAR JAMWAL, Chauki Jamwalan (Hamirpur)




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