Cyber Lawer Vivek Sood

Cyber Lawer Vivek Sood
Vivek Sood

Saturday 21 May 2011

Kanimozhi sent to jail: A legal perspective

As a criminal lawyer with about 20 years experience at the Bar, I strongly feel that Kanimozhi as well as the other accused including Raja, should have been granted bail in the 2G Spectrum prosecution. Since the CBI did not arrest the accused during investigation of the case, as per well settled legal principles, bail should have been granted to the accused. Denial of bail in this case, I feel, amounts to punishment before trial.

Many people argue that bail has been rightfully denied to the accused. They feel that denial of bail to the accused, would serve as a strong signal against corruption and that even the high and mighty can be sent to jail. Though every person has a right to an opinion, I feel that legal principles should not be diluted from the larger perspective of the society.

Since the 2G Spectrum trial will take a very long time to conclude, as there are innumerable documents and witnesses for the prosecution, as a criminal lawyer, I wonder till when will the accused remain in custody and what is the purpose of keeping them custody as they are presumed to be innocent until proven guilty.

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