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Hindustan Times
6 days ago
- Politics
- Hindustan Times
CJI Gavai flags drift from ‘bail is rule & jail the exception'
Chief Justice of India (CJI) Bhushan R Gavai on Sunday lamented that the Indian judiciary had somewhat lost sight of the cardinal legal principle that 'bail is the rule and jail the exception,' while underlining the pressing need to reinforce the constitutional value of personal liberty. Justice Gavai's remarks come amid increasing judicial and public scrutiny over delayed bail hearings (PTI) Delivering the 11th Justice VR Krishna Iyer Memorial Law Lecture in Kochi, Justice Gavai expressed concern over the growing culture of prolonged incarceration of undertrials and the tendency of courts to prioritise custodial detention over bail. 'In the recent past, this principle (bail is the rule) was somewhat forgotten,' he said, referring to Justice Krishna Iyer's pioneering contributions to bail jurisprudence and humane criminal procedure. It was Justice Iyer who laid down this principle through his judgments and fiercely championed it. '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 Vs ED,' said the CJI, making a strong case for reviving the pro-liberty judicial stance that was once the hallmark of Indian courts. Also Read | Supreme Court admin seeks removal of ex-CJI Chandrachud from official residence In the cases of Prabir Purkayastha, Manish Sisodia, and Kavita, the Supreme Court, with Justice Gavai on the bench, underscored the centrality of personal liberty in the criminal justice system while ruling that the deprivation of liberty cannot be justified without strict adherence to legal safeguards. These rulings reflected a conscious effort by the apex court to breathe life into Justice Iyer's principle that bail should be the norm, not the exception, and that liberty cannot be held hostage to procedural expediency. Quoting Justice Iyer's landmark ruling in Gudikanti Narasimhulu Vs State of Andhra Pradesh (1978), the CJI said: 'Heavy bail from poor man is obviously wrong. Poverty is society's malady and sympathy, not sternness, is the judicial response.' He added that Justice Iyer's jurisprudence reminded judges to consider factors such as the period spent in jail and the likelihood of delay in appeals while deciding bail pleas, instead of imposing onerous and exclusionary conditions. Justice Gavai's remarks come amid increasing judicial and public scrutiny over delayed bail hearings, procedural rigidity, and the lack of a uniform, compassionate approach to undertrial detention -- issues that have seen the Supreme Court question both high courts and district judiciary in recent months. The CJI, who will demit office in November, recalled that Justice Iyer's ideas continue to guide his own judicial reasoning, including in major decisions delivered last year. 'I relied on Justice Krishna Iyer's judicial philosophy in many cases, and I am still doing that,' he said. Also Read | Why Chief Justice BR Gavai got emotional: 'His dream has come true' In his speech, themed 'Role of Justice VR Krishna Iyer in Balancing the Fundamental Rights and Directive Principles of State Policy', Justice Gavai paid rich tribute to Justice Iyer's progressive blend of legal reasoning and social empathy. 'Justice Krishna Iyer stood up for the poor and the underprivileged, and remained a human rights champion, a crusader for social justice and the environment, and a doyen of civil liberties throughout his life,' he said. Justice Gavai highlighted how Justice Iyer's judicial philosophy reshaped several areas of constitutional law, from prison reform to affirmative action, from the right to life under Article 21 to the abolition of the death penalty. Justice Gavai also acknowedged Justice Iyer's seminal role in expanding the scope of Article 21 in Maneka Gandhi Vs Union of India (1978), where the latter observed: 'Personal liberty makes for the worth of the human person.' These words, he said, formed the bedrock for future judicial pronouncements that recognised rights such as access to clean water, food, shelter and healthcare as integral to the right to life. Also Read | Interpretation of Constitution has to be pragmatic: CJI B R Gavai The CJI concluded. 'Every time a bench prioritizes substantive justice over technicalities... every time the court upholds human dignity and social equity, Justice Krishna Iyer's legacy is not just honoured, but actively lived.' Justice Iyer served as a Supreme Court judge from 1973 to 1980, leaving an indelible mark through his activist jurisprudence and deep empathy for the marginalised. He passed away on December 4, 2014, at the age of 100.
Time of India
7 days ago
- Politics
- Time of India
Govt officials balk at interfering in ex-CJI home row
Ex-CJI D Y Chandrachud (File photo) With Supreme Court taking an unusual step of asking the govt to take back the official bungalow of CJI at 5, Krishna Menon Marg, officials are hopeful of the situation sorting out itself sparing them of an unpleasant task of serving eviction notice to a former CJI. Media reports quoted ex-CJI D Y Chandrachud as saying they (he & family) are set to move out in a few days. Officials hopeful they won't need to serve ex-CJI eviction notice Amid media reports quoted ex-CJI D Y Chandrachud saying they (he & family) are set to move out and it was only a matter of a few days, officials in the housing and urban affairs ministry said they are hopeful that there would be no need for serving an eviction notice. Officials said this is perhaps for the first time when the SC administration has asked it to get a bungalow vacated from a former CJI and return it to the SC housing pool for fresh allotment. They added that for them it was a peculiar situation since the bungalow is placed under the SC housing pool and it is the apex court which takes a call on allotment. In a July 1 letter to the housing and urban affairs secretary, the SC administration had pointed out that the time allowed for the former CJI to vacate the official accommodation had expired, and hence, the bungalow must be vacated without delay. Sources said SC authorities wrote to the ministry as all govt accommodations, including those meant for judges and belonging to the SC pool, fall under the ministry's jurisdiction and it is the ministry that is responsible for carrying out any eviction. SC is in need of official accommodation for four judges, sources said. Rule 3B of the SC Judges Rules, 2022, allows retired CJIs to retain their bungalow for up to six months after retirement. Justice Chandrachud, who retired as CJI in Nov 2024, has been staying there. In Dec, he wrote to his successor and former CJI Justice Sanjiv Khanna, seeking time until April 30, 2025, to retain the bungalow, and this was allowed. Again in April, he wrote to the then CJI, Khanna, seeking time until June 30, citing difficulty in finding a suitable accommodation.
Time of India
14-05-2025
- Politics
- Time of India
SC refuses urgent listing of plea for FIR against Justice Yashwant Varma in cash row
SC on Wednesday refused to list for urgent hearing a plea seeking the registration of an FIR against the Allahabad HC Justice Yashwant Varma in connection with the cash discovery row. The Supreme Court declined to urgently hear a plea seeking an FIR against Allahabad High Court's Justice Yashwant Varma concerning a cash discovery controversy. The petitioners, led by Mathews Nedumpara, are pushing for criminal proceedings following an in-house inquiry that allegedly found the allegations against Justice Varma to be prima facie true. The court advised following the standard mentioning procedure. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads The Supreme Court on Wednesday refused to list for urgent hearing a plea seeking the registration of an FIR against the Allahabad High Court 's Justice Yashwant Varma in connection with the cash discovery row . A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih asked lawyer and petitioner Mathews Nedumpara to follow the mentioning procedure."Please go through the mentioning procedure," the CJI CJI Sanjiv Khanna had said no to oral mentioning for urgent listing and hearing of cases and said that the lawyers or the litigants will have to write an email and move the apex court registry an in-house inquiry panel indicted the judge, the former CJI had nudged Justice Varma to resign. The ex-CJI wrote to President Droupadi Murmu and Prime Minister Narendra Modi after Justice Varma refused to petition, filed by Nedumpara and three others, called for immediate initiation of criminal proceedings, saying the in-house committee found the allegations against Justice Varma to be prima facie plea emphasised that while the internal inquiry might lead to judicial disciplinary action , it was no substitute for a criminal investigation under the applicable March, the same petitioners had approached the apex court, challenging the in-house inquiry and demanding a formal police the top court had then dismissed the plea as premature, citing the pending nature of the internal the inquiry now concluded, the petitioners asserted that a delay in criminal action was no longer tenable.
