‘Judges Need To Have Sense Of…’: CJI Chandrachud On Trial Courts' Reluctance To Grant Bail

Chief Justice Chandrachud emphasises that trial judges should exercise 'common sense' when granting bail to avoid arbitrary arrests and ensure timely justice.

Chief Justice of India, D Y Chandrachud, on Sunday, addressed the pressing issue of trial judges preferring to play safe by not granting bail in significant criminal cases when viewed with suspicion. He emphasised the need for a "sense of robust common sense" to scrutinise the details of each case thoroughly. CJI Chandrachud expressed his concerns during a Q&A session following his keynote address at the '11th Annual Conference of the Berkeley Centre on Comparative Equality and Anti-Discrimination'.

Responding to a question on arbitrary arrests, he noted, “People who should be getting bail in the trial courts are not getting it there, resulting in them moving to the high courts. People who should be getting bail in the high courts do not necessarily get it, forcing them to approach the Supreme Court. This delay exacerbates the plight of those facing arbitrary arrests”, as quoted by news agency PTI.

The questioner pointed out that society seems to operate on the principle of acting first and seeking forgiveness later, particularly public authorities detaining activists, academics, journalists, and politicians in politically motivated actions. 

"This has become particularly true for public authorities acting in a politically motivated manner by detaining activists, academics, journalists and even politicians, including the chief ministers of opposition parties," he said, as per PTI. He highlighted that these actions come with deep trust in the face of justice coming very slowly.

Addressing these concerns, CJI Chandrachud stated, “The Supreme Court has been constantly trying to convey that part of the reason for this is an inherent distrust in the institutions within the country. It's important that we learn to trust people in hierarchical legal systems, like trial courts. We must encourage trial courts to be more receptive to the need for accommodating concerns of those seeking liberty.”

CJI Chandrachud Reveals Why Supreme Court Prioritises Bail 

The Chief Justice further explained, “The problem today is that any grant of relief by trial judges is looked at with suspicion. Consequently, trial judges increasingly play it safe by not granting bail in serious criminal cases. Judges need to have a sense of robust common sense. Unless we separate the grains from the chaff in criminal jurisprudence, it is very unlikely we will have just solutions. To allow decision-makers to do this, we must place a great deal of trust in them.”

“I think that's my concern that you can’t render courts as in the hierarchy as you go up dysfunctional, just by the number of very small cases that are placed before us,” he added, as quoted by PTI.

CJI Chandrachud highlighted that many cases reaching the Supreme Court should not have come to it at all. “The reason why we are prioritising bail is to send a message across the nation that those at the most initial levels of the decision-making process must perform their duties without fear for their careers,” he concluded.