Anticipatory Bail for Former Minister Sparks Debate
On July 8, 2026, former Minister V Senthil Balaji, along with his brother RV Ashok Kumar, secured anticipatory bail from the Madras High Court. This decision came shortly after an FIR implicated them in a ₹35 crore horse-trading conspiracy. Despite allegations involving hawala transactions and missing evidence, the High Court, influenced by arguments from a Senior Advocate, granted bail under mild conditions: twice-daily appearances and cooperation with investigations. No handcuffs, no detention, no delays.
Contrasting Justice: The Plight of Undertrials
Contrast this with an undertrial languishing in a district sub-jail for stealing a mobile phone worth ₹8,000. Unable to post bail or afford competent legal representation, his plea is buried in a long list of cases, managed by an overburdened legal-aid lawyer. Justice VR Krishna Iyer famously stated in State of Rajasthan v. Balchand (1977) that ‘bail is the rule and jail is the exception.’ However, this principle seems to favor those with influential legal support, leaving the less privileged ensnared by the system.
A Pattern of Privilege
Senthil Balaji’s case illustrates a broader trend. High-profile figures accused of serious crimes often receive favorable interim protections from the Supreme Court and High Courts, such as stays on arrest and anticipatory bail, sometimes before the ink on their FIRs has dried. Meanwhile, undertrials—who make up more than three-quarters of India’s prison population according to the National Crime Records Bureau, often poor and without adequate legal representation—are left to navigate a system that seems indifferent to their plight.
Global Parallels and Media Visibility
This issue is not exclusive to India. In Western democracies, where justice is theoretically accessible to all, practical inequalities persist. The rise of media and social platforms has amplified the visibility of these disparities, bringing to light the stark differences in legal outcomes for the wealthy and the disadvantaged.
The Unequal Architecture of Access
The rule of law, underpinned by Article 21, holds personal liberty as sacrosanct. Yet, the swift access to justice—enabled by experienced legal teams, prompt filings, and persuasive advocacy—is a privilege not afforded equally. The judiciary may not intentionally favor the powerful, but the system’s inherent structure often does.
More Read
A Call for Equitable Justice
Having experienced the legal system as a lawyer, judge, and Senior Advocate, I understand the complexities and responsibilities at each stage. Every decision favoring a powerful individual while an ordinary citizen remains in custody erodes public trust in the impartiality of the law. The solution is not to deny bail to influential individuals but to extend the same urgency and resources to all undertrials. Until then, ‘equality before the law’ remains an ideal more often cited in judgments than realized in practice.
Justice V Parthiban, a retired judge of the Madras High Court, offers a unique perspective on the systemic disparities within the Indian legal framework.
