Chief Justice of India, D Y Chandrachud, voiced significant concerns on Saturday regarding the diminishing adherence to the principle of ‘bail as a rule, jail as an exception’ in trial courts across the country. Speaking at a nationwide gathering of district judges in Kachchh, Gujarat, he emphasized the need for district judges to actively work towards reversing this trend to uphold the fundamental rights and personal liberties of citizens.
The Chief Justice highlighted a growing unease over the trial courts’ increasing hesitance to address matters pertaining to personal liberty. He pointed out that the foundational principle that bail should be considered the norm, and jail only a last resort, is gradually losing its stronghold. This is evident from the rising number of cases that escalate to higher courts and the Supreme Court, seeking appeals against trial courts’ bail rejections.
Justice Sanjiv Khanna, who is set to succeed Justice Chandrachud as the Chief Justice of India in November, also stressed the importance of district judges adopting a more proactive stance in safeguarding citizens’ rights. He advocated for a critical examination of the charges by the prosecution before making decisions on anticipatory bail or bail applications, ensuring that the rights and liberties of individuals are not unjustly compromised.
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The Chief Justice also addressed the issue of a growing public trust deficit in the judiciary, attributing it to the extensive backlog of cases and the prevalent culture of adjournments within the judicial system. He expressed concern over the perception that adjournments have become an integral part of the judicial process, which can have profound negative impacts on the litigants involved.
