Sunday, May 31, 2020

THE AIM OF PROSECUTION IS NOT TO ENSURE COVICTION AT ALL COST BUT TO ENSURE UNDILUTED JUSTICE AT ANY COST

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restricted as the wages of crime. The degree of deprivation must be equal to the weight of the crime which has been committed. As ambassadors of justice, all prosecutors must start from the premise that one is presumed innocent until guilt is acknowledged or proven. This means that the liberty of the individual must be ensured and restricted only by reasonable bail conditions just to ensure appearance before an independent and impartial tribunal or pay the penalty for non appearance. In short, if a tribunal is indeed impartial and independent and if the Criminal Code of a country contains laws which are reasonable and justifiable in a free and democratic country any innocent person would be keen to defend his or her innocence before a court of law. Those who do not exercise the right to self defence by absconding would not defeat the cause of justice since the bail terms are actionable. Hence if the courts are to be citadels of justice and prosecutors its good will ambassadors, putting people in remand wings or jail either before or after trial must not be a preoccupation; on the contrary, they must protect the liberty of the accused until one’s innocence becomes indefensible. It is then that the cause of Justice is served. Therefore, we hope that bail would be given as a matter of right and the condition of bail is left to the discretion of courts and such bail conditions should be reasonable and justifiable in any democratic and free society. It is equally hoped that the unconstitutional practice of detention without trial is made history.]]>

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