Blitz Bureau
CHIEF Justice of India BR Gavai on July 6 remarked that the legal principle of “bail is the rule, jail is the exception” has not been followed by courts in the recent past, reported Bar and Bench. The CJI was speaking on the work of legendary Supreme Court judge Justice VR Krishna Iyer when he lamented the forgotten rule.
“Justice Krishna Iyer also strongly believed that undertrials should not be kept in jail for long periods without trial. He is well known for breaking new ground in the Indian judiciary by asserting what was once considered a taboo – ‘Bail is the rule, and jail is the exception.’ In the recent past, this principle was somewhat forgotten. I am happy to state that I had the opportunity in the last year, 2024, to reiterate this legal principle in the cases of Prabir Purkayastha, Manish Sisodia, and Kavita v. ED,” he said. Bail applications or petitions challenging the legality of arrests in the three cases were handled by Supreme Court Benches headed by Justice Gavai, and the investigating agencies responsible in each case were pulled up for their handling of the case and the arrests.
CJI Gavai was speaking at the 11th Justice VR Krishna Iyer Memorial Law Lecture in Kochi on Sunday, July 6. The event, hosted by the Sarada Krishna Satgamaya Foundation for Law and Justice, focused on CJI Gavai’s lecture on the topic ‘Role of Justice VR Krishna Iyer in Balancing Fundamental Rights and Directive Principles of State Policy.
Elaborating on Justice Iyer’s contribution to expanding the jurisprudence on bail, CJI Gavai said, “In Gudikanti Narasimhulu v. High Court of Andhra Pradesh (1978), 26 Justice Iyer opened his order with the poser: ‘Bail or Jail?’ He outlined the relevant factors, which included the period in prison already spent and the prospect of the appeal being delayed for hearing. He was in favour of granting bail, stipulating protective and curative conditions. He was definitely against imposing onerous conditions relating to security and sureties.27 As he ruled, and I quote: ‘Heavy bail from poor man is obviously wrong. Poverty is society’s malady and sympathy, not sternness, is the judicial response.'” CJI Gavai also lauded the late Justice Iyer for his dedication to addressing gender discrimination, prison conditions, and the vulnerability of marginalised persons.
