M'lore: Justice Saldanha Unhappy with Court over Denial of Bail to Atul


Daijiworld Media Network - Mangalore (SP)

Mangalore, Jul 23: Atul Rao, accused in the case of unnatural death of Udupi MLA's wife Padmapriya, was denied bail by Udupi district court recently. High Court retired judge Justice M F Saldanha, speaking to a city daily, opined that the reasons given for rejecting the bail application are not tenable in law.

The court has observed that Atul faces threat to his life if released on bail. Rejecting bail on this ground does not stand the test of legal scrutiny. If the applicant actually faced such a threat, the judge could have ordered for providing him security even after his release, Justice Saldanha opined.

"I am hurt by this decision of the judge. This step clearly mirrors the failure of the government in protecting the lives and properties of its citizens and its inability to uphold the rule of law. From my experience as a criminal lawyer for 32 years and High Court Judge for 14 years, I can confirm that there is no provision to deny bail for the reason that an accused is facing threat to his life," he clarified.

The rejection of bail signifies that the government has failed to protect the lives and properties of its subjects even in the constituency of the state home minister. Guideline laid out in law either for upholding of a bail application or rejecting it, are very clear. The fact that the Udupi district judge rejected the bail application for reasons which are not legally acceptable, gives rise to doubts as to whether he was under any sort of pressure. From the point of view of public interest, these points become relevant. "At this point, I will confine myself to this short observation. The action of the judge in this case is such that it might result in the erosion of faith the citizens have on the judiciary. It may be noted that the Supreme Court too has made strong observations against the judges who pass such orders," Saldanha said.

  

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Comment on this article

  • Mrudula, Bangalore

    Thu, Jul 24 2008

    It is a well timed and apt comment on the subject.

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  • B F Saldanha, Bantakal / Dxb / Fuj

    Thu, Jul 24 2008

    Let us wrongly judge not others so that we will not be judged. One has to act upon his will / conscience. The lawyers are the mirrors of the society to uphold the truth. Now the trend is to make money by pleasing the elected reps and the Govt officials. Corruption, money and muscle powers all over, but justice will be done, beware. See what is happending around us, no rain, climate change, global Warming etc. These are signs let us help each others.

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  • K. S. Mayya, Mangalore/South Korea

    Thu, Jul 24 2008

    The Udupi's district judge suggesting that Atul's life is at risk outside detention is a slap in the face of police machinery and goverment at large because, it is a tacit admission from a respected institution of the state that rule of law does not exsist in the land and anybody and everybody is vulnerable to forces beyond the control of state machinery.

    However, those crying foul must also agree that it is the attitude in each and every individual in India that state machinery law and order or for that matter anything, is available on sale is responsible for this sorry state of affairs.

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  • Anil Gonsalves, Brahmavar/Canada

    Thu, Jul 24 2008

    Justice M F Saldana is correct. I am closely following this case. Found no reasons putting Atul behind the bars. It is duty of the govt or court to grant him protection, if at all faces to threat to his life. Shame on us. even in 21st centuary, we are able to provide fair trial to our citizens.

    I request everyone to raise their voice against this injustice. I did not understand, why media has lost his interest in this case. Like all other our media looks for their own benefit.

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  • Rolphy Almeida, Udupi/Bangalore

    Thu, Jul 24 2008

    Is this acceptable to the ruling party BJP? We are living in a civilized society. Criminal is not a criminal until his crime is proved.

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Title: M'lore: Justice Saldanha Unhappy with Court over Denial of Bail to Atul



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