Editorial 1:Focus on trial

Context: The use and misuse of bails during the judicial process.

Introduction

The Supreme Court order granting bail to Bharat Rashtra Samithi leader K. Kavitha does more than grant relief to a jailed politician; it brings under focus the ill-motivated tactic of using the judicial process and the power of arrest as a tool to hound political opponents.

About the Delhi Excise Case

• Corruption lobby: The charge that the Delhi government’s liquor policy was formulated in exchange for crores of rupees to grant a favourable deal to a certain lobby is quite serious, warranting a thorough investigation and fair prosecution.
• Political Vendetta: The focus of the Centre and its agencies seems to be entirely on keeping some political figures imprisoned in the run-up to the trial.
• Observation by Judges: In oral observations, a Bench of Justices B.R. Gavai and K.V. Viswanathan has questioned the fairness of the investigation, especially because the agency has cited some of those apparently involved as witnesses, while seeking pardon to some arrested suspects so that they could testify as approvers.
• Misuse of Bail procedures: After a spell during which the courts were reticent to disregard the vehement objections by the prosecution to the grant of bail,
• False use of PMLA Act: The judiciary has now begun to see through the attempt to use the bail-denying features of the Prevention of Money-Laundering Act (PMLA) to keep adversaries in prison for long.
• The case of Delhi Chief Minister: The Court had earlier granted bail to Delhi Chief Minister Arvind Kejriwal (still in jail in a CBI case on the same allegations) and Deputy Chief Minister Manish Sisodia. 
• Connivance of Delhi-South lobbies: Ms. Kavitha has been accused of arranging the alleged deal between the Delhi government and a ‘south lobby’.
• Witness are the accused: It is notable that the political leaders have all been implicated by witnesses who themselves appear to be involved in the case and accused who have turned approvers.

Way Forward

The Bench has questioned the Delhi High Court’s failure to give her the benefit of a proviso to Section 45 of the PMLA, which allows grant of bail to women, merely on the ground that she was educated and not a “vulnerable” woman. The mere fact that the investigation by the CBI and the Enforcement Directorate is over was enough to grant bail. Instead of vehemently objecting to bail, and spending their time filing lengthy replies to a spate of bail petitions in various courts, prosecutors should concentrate on building a water-tight case.

Conclusion

They should now focus on opening the trial and concluding it within a reasonable time-frame. The agencies concerned should remember that headlines that cite fabulous sums of money allegedly paid as bribes and thousand page charge sheets can impress only a few. Trial courts would surely prefer concrete evidence and reliable testimony backed by relevant documents. The judiciary should be proactive and not let anyone misuse the forum for personal and pollical vendetta.

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Editorial 2: War and peace

Context: India is not well-placed to broker a ceasefire between Russia and Ukraine 

Introduction

Just days after his visit to Kyiv, Prime Minister Narendra Modi’s telephonic conversations with U.S. President Joseph Biden and Russian President Vladimir Putin have raised hopes that New Delhi is ready to take the plunge and attempt peace-making in the Russia-Ukraine conflict.

India’s recent efforts towards peace in North

• Prime Ministers visit: Mr. Modi’s travel to the UN in September, where he will meet U.S. and European leaders and possibly Ukrainian President Volodymyr Zelenskyy again, and another visit to Russia in October for the BRICS summit, have fuelled those hopes.
• Balancing India’s interest: However, those who are boosting speculation of an Indian role may benefit from a careful consideration of the circumstances, and India’s position thus far.
• India’s stand remains distant on Russia-Ukraine war: Since the 2022 Russian invasion of Ukraine, India has remained distant from the outcomes of what External Affairs Minister S. Jaishankar had once called “Europe’s war” and any peace process that does not involve bringing Russia and Ukraine to the table for talks.
• India’s participation and global peace efforts: India had even disassociated itself from the Swiss peace summit.
• Balancing India’s interest and stronger India- Russia relations: While Mr. Modi has consistently said that India is “on the side of peace” alone, New Delhi has been seen to be partial to Moscow, given its historical ties and military and energy dependencies.
• Neutral and Unbiased India: India will need to recast itself in a more unbiased image. Meanwhile, the war continues without pause, indicating the belief in both parties of there still being military gains to be made.
• Current Russian-Ukraine War scenario: That Russia launched deadly attacks on Ukraine just before the Modi Moscow visit in July, and Ukraine carried out operations into Russia’s Kursk Oblast just before his visit to Kyiv last week, demonstrate the dangerous power play and messaging Mr. Zelenskyy and Mr. Putin can indulge in, regardless of their guest’s sensitivities.

Way Forward

With such entrenched positions, New Delhi must proceed with care if it indeed seeks to join the ranks of others wanting involvement in conflict resolution. Successful efforts have been few, and have required focused agendas — the Black Sea Grain Initiative; the IAEA effort, on nuclear safety at the Zaporizhzhia power plant; and the latest exchange of Russian and Ukrainian prisoners. India must also articulate its own principles for a ceasefire compromise and lasting peace.

Conclusion

As experienced in the 1950s, Prime Minister Jawaharlal Nehru, at the instance of Vienna, mediated with Soviet leader Nikita Khrushchev on troops withdrawal from the north-east zone of Austria post-war, in return for promises of Austrian neutrality. An Indian peace initiative will be further complicated by the proposals Ukraine and Russia have themselves put forth: Mr. Zelenskyy insists on a full military withdrawal from Ukraine by Russia first, and Mr. Putin has called for Ukrainian forces to withdraw from regions now occupied by Russia, and for Kyiv to formally give up any efforts to join NATO. Thus, India should take note of the current developments and engage the key stakeholders to promote an end to the war and make efforts to balance the ties simultaneously in India’s interest.