New Delhi : Chief Justice DY Chandrachud says that in important criminal cases, lower court judges do not want to take any risk by granting bail if there is scope for doubt. The CJI stressed the need to use common sense and discretion to look into the nuances of each bail case. he/she said that people who should get bail from lower courts are not getting bail there. As a result, they always have to approach the High Court.

Most of the cases should not come to SC

The Chief Justice was attending the ’11th Annual Conference of the Berkeley Center for Comparative Equality and Anti-Discrimination’. During this, he/she was answering questions during his/her speech. In response to a question, he/she said that unfortunately, today the problem is that we look at any relief given by the judges of the lower courts with suspicion. This means that the judges of the lower courts do not want to take any risk by granting bail in important cases. The Chief Justice said that the judges will have to look at the nuances and subtleties of each case. he/she said that most of the cases should not come to the Supreme Court.

People who should get bail from the High Court do not necessarily get it. Therefore they have to approach the Supreme Court. This delay further aggravates the problems of those who are facing arbitrary arrests.

DY Chandrachud, Chief Justice of India

The Chief Justice said that 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 there is no risk to them.

Concerns over fundamental freedom and equality

CJI DY Chandrachud expressed concern over the gradual erosion of fundamental freedom and equality. he/she said that these values are being eroded not dramatically but by small and continuous measures. he/she said that in the last 24 years, I have been witnessing a continuous struggle every day on how fundamental constitutional values like fundamental freedom and equality are being eroded not brick-by-brick but in infinitesimally small proportions every time you face injustice. The CJI questioned the true freedom of these people.

he/she said that freedom from manual scavenging has a deep and historical context in the caste system in our society. he/she said that an unequal society means an unfree society because the lower unequal people are always unfree from the higher unequal people. CJI Chandrachud stressed the need for dialogue between legal systems to enhance equality.

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Judges should use common sense for bail, why did the Chief Justice say so

Most of the cases should not come to SC

Concerns over fundamental freedom and equality

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