CJI DY Chandrachud
Chief Justice of India DY Chandrachud has expressed concern over bail hearings in lower courts. CJI Chandrachud said on Sunday that subordinate court judges do not want to take any risk by granting bail if there is scope for doubt in important criminal cases. The CJI stressed the need to use common sense and discretion to look into the nuances of each case.
The Supreme Court has to take a stand
CJI Chandrachud said, ‘People who should get bail from lower courts are not getting bail there. That’s why those people have to approach the High Court.’ He said, ‘People who should get bail from the High Court do not necessarily get bail and that’s why they have to approach the Supreme Court. This delay further increases the problem of those who are facing arbitrary arrests.’
CJI was speaking at an event in Bengaluru
CJI Chandrachud was speaking at the 11th Annual Conference of the Berkeley Center for Comparative Equality and Anti-Discrimination in Bengaluru. During this, he was answering a question at the end of his speech. The CJI was asked about arbitrary arrests.
When this question was asked to CJI
The person who asked the question said, “We are living in a society where first the act is done and then later an apology is made. This has become especially true of the public authorities who are politically motivated in detaining activists, academics, journalists and even leaders including Chief Ministers of the opposition parties.” The person who asked the question said that all these acts are done with the full belief that justice is very slow.
Judges don’t want to take the risk of granting bail
In response to this, Justice Chandrachud said that the Supreme Court has been constantly trying to explain that one of the reasons for this is the underlying distrust towards institutions in the country. He said that unfortunately, today the problem is that we look at any relief given by the judges of subordinate courts with suspicion. This means that the judges of the subordinate court do not want to take any risk by granting bail in important cases.
Most of the cases should not come to the Supreme Court- CJI
The CJI said that judges will have to look at the nuances and subtleties of each case. He said that most of the cases should not come to the Supreme Court. DY Chandrachud said, ‘We are giving priority to bail so that the message goes across the country that people (judicial officers) at the very initial level of the decision-making process should perform their duty without considering that they are not at risk.’
with language input
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