Bengaluru, March 12, 2026: At the Annual Law Lecture held at Manipal Law School, part of the Manipal Academy of Higher Education (MAHE) Bengaluru, an Institution of Eminence Deemed to be University, former judge of the Supreme Court of India Justice Abhay S. Oka said that ‘every person accused of a crime has the right to bail, and that keeping someone locked up before their trial is essentially punishing them for something not yet proven.’
Addressing the theme “Why Personal Liberty is Important in Bail Jurisprudence,” Justice Oka stressed that personal liberty must remain central to bail decisions in India’s criminal justice system. He warned that prolonged pre-trial detention is increasingly being used as a tool of arbitrary punishment.
Invoking the landmark ruling in State of Rajasthan v. Balchand (1977), he reaffirmed the enduring principle that “bail is the rule, jail is the exception.” He emphasized that the presumption of innocence remains a cornerstone of criminal law and that denial of bail should never function as a form of pre-trial punishment.
Justice Oka noted that bail decisions must be examined through the prism of Articles 14, 19, and 21 of the Constitution, rather than relying solely on statutory provisions. He said judges must remember that the Constitution protects every citizen’s freedom, and that this protection should guide bail decisions.
Highlighting systemic concerns, he pointed out that many undertrial prisoners spend years in jail waiting for their trials to begin. Such prolonged detention causes injustice not only to the accused but also to their families. Referring to the Supreme Court decision in Union of India v. K.A. Najeeb, he noted that extended pre-trial detention can undermine the principles of justice.
Justice Oka also criticised certain bail practices, including setting unaffordable bail amounts, which often leave poor accused persons in jail despite bail being granted. He further cautioned courts against imposing intrusive conditions such as continuous digital location tracking, warning that such measures may violate the right to privacy and dignity protected under Article 21 of the Constitution.
He concluded with an appeal to educated citizens to actively defend constitutional freedoms and understand their rights in order to safeguard Indian democracy.
The event was attended by Dr. Madhu Veeraraghavan, Pro Vice-Chancellor of the MAHE Bengaluru campus, and Dr. Sarasu Esther Thomas, Director of Manipal Law School, MAHE Bengaluru. Winners of the National Constitution Day Essay Writing Competition were also felicitated during the programme.
