Strangely enough, the reasons for granting bail to Jayalalitha are not mentioned by the Supreme Court in their order, reproduced below: After hearing Shri Fali S. Nariman, Shri K.T.S. Tulsi, learned senior counsel for the petitioners and Shri Subramonium Swamy, party-in-person and also the complainant, for the present, we suspend the sentence and direct that the petitioners, (i) Selvi J.Jayalalithaa, (ii) Tmt.N.Sasikala, (iii) Mr.V.N. Sudhakaran, and (iv) TMT. J.Elasvarasi be released on bail on executing a bond with two solvent sureties by each of them to the satisfaction of the 36th Addl. City Civil & Sessions Judge (Spl. Court for Trial of Criminal Cases against Kum. Jayalalitha & Ors) at Bangalore. Call these matters on 18th December, 2014. Are the Supremes not bound by the age old dictum that judicial orders are to be speaking orders i.e. they must list out the reasons for the order. For therein lies the legitimacy of the judiciary! Here, the court simply orders that the accused be released on bail without offering any reasons in support. In particular, it does not even refer to the Karnataka High Court order which refused to grant bail and against whose order this appeal was filed in the first place. Flummoxed is not the word!
Posted on: Sun, 19 Oct 2014 07:17:51 +0000
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