BENGALURU: CJI DY Chandrachud called for trial judges to fulfil their duties without fear of distrust, ensuring fair and timely justice.
“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.
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) at Bangalore International Centre, Justice Chandrachud stressed the need for judges to employ “a robust common sense” and urged the public to trust decision-makers.
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.”
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.
CJI calls on judges to employ ‘a robust common sense’
“When you have an accused in a narcotics case, you look at the finer points of case: What was he doing? Was he a cleaner in the truck? Was he a driver in the truck? Was he the owner of the truck? Was he the person who was really the main person behind the trade which is taking place? Unless we, therefore, separate grain from the chaff in criminal jurisprudence, it’s very unlikely that we’ll have just solutions.”
His comments came in response to a participant’s question about living in a society where authorities act first and seek forgiveness later, often detaining activists, academics, journalists, and politicians in politically motivated actions.
“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.
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) at Bangalore International Centre, Justice Chandrachud stressed the need for judges to employ “a robust common sense” and urged the public to trust decision-makers.
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.”
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.
CJI calls on judges to employ ‘a robust common sense’
“When you have an accused in a narcotics case, you look at the finer points of case: What was he doing? Was he a cleaner in the truck? Was he a driver in the truck? Was he the owner of the truck? Was he the person who was really the main person behind the trade which is taking place? Unless we, therefore, separate grain from the chaff in criminal jurisprudence, it’s very unlikely that we’ll have just solutions.”
His comments came in response to a participant’s question about living in a society where authorities act first and seek forgiveness later, often detaining activists, academics, journalists, and politicians in politically motivated actions.