Blitz Bureau
CHIEF Justice of India DY Chandrachud has said that trial court judges prefer to play safe by not granting bail on important criminal issues. He urged the trial judges to fulfil their duties without fear of distrust, ensuring fair and timely justice.
Speaking at the 11th annual conference of Berkeley Centre for Comparative Equality and Anti-Discrimination Law, hosted by National Law School of India University (NLSIU) CJI Chandrachud stressed the need for judges to employ “a robust common sense” and urged the public to trust decision-makers.
“People who should be getting bail in the trial courts are not getting it there, as a result of which, they have to invariably move the high courts. People who should be getting bail in the high courts will not necessarily get it, as a result of which they have to move to SC. This delay compounds the problem of those who are facing arbitrary arrests,” he said. He stressed the importance of trusting lower-level courts within the hierarchical legal system. “We have to encourage trial courts to be more receptive to the need for accommodating concerns of people who are seeking liberty,” he said.
“Unfortunately, the problem today is that we look at any grant of relief by trial judges with a degree of suspicion. That means the trial judges are increasingly playing it safe, not granting bail on important issues of serious crimes,” the CJI said.
Using a narcotics case as an example, the CJI illustrated how understanding the role of the accused – whether a cleaner, driver, or owner – is crucial for fair judgment.
