Judges should use common sense in bail petitions- CJI DY Chandrachud
Chief Justice of India DY Chandrachud on Sunday said that when important issues of crime are viewed with suspicion, trial judges prefer to play safe by not granting bail. The Chief Justice stressed the need for ‘strong common sense’ to look at the nuances of every case.
CJI Chandrachud said, “People who should get bail from lower courts are not getting it there. Because of this they always have to approach the High Courts. People who should get bail from the High Courts do not necessarily get it, because of which they have to approach the Supreme Court. This delay further increases the difficulties of those who are facing arbitrary arrest.”
CJI Chandrachud was giving a speech on the issue of Comparative Equality and Anti-Discrimination at the 11th Annual Conference of the Berkeley Center. During this, he was asked some questions, in response to which he said these things. The question asked to the CJI was about arbitrary arrests.
The questioner said that we are living in a society where work is done first and apology is made later. This has become especially true for public authorities, which are working in a politically motivated manner by detaining activists, academics, journalists and even politicians including Chief Ministers of opposition parties. According to the person asking the question, all these works are done with deep faith, because justice takes a lot of time.
‘Trial judges are avoiding bail in serious cases…’
Responding to the question, Justice Chandrachud said, “The Supreme Court is constantly trying to tell that one of the reasons for this is that there is an underlying mistrust in the institutions of the country. I think it is important that we learn to trust those who are in the hierarchical legal system, like at the very bottom, which is the trial courts. We have to encourage trial courts to pay more attention to the need to accommodate the concerns of people who want freedom.”
CJI Chandrachud further says that unfortunately, the problem today is that we view any relief given by trial judges with suspicion. This means that trial judges are moving ahead by avoiding granting bail in important cases of serious crimes.
According to the CJI, judges should look at the nuances and nuances of each case. You (judges) should have strong common sense. Now, until we separate the grain from the chaff in criminal jurisprudence, there is little hope that we will have equitable solutions. To give the decision makers the freedom to separate the grain from the chaff, it is important that we also have trust.
‘I hate this…’
According to the Chief Justice, most of the cases should not have come to the Supreme Court. He stressed that we are giving priority to bail so that the message goes out across the country that people sitting at the very initial level of the decision-making process should carry out their duty without any such feeling. I hate the fact that my career will be at stake.
