Chief Justice of India (CJI) Bhushan R. Gavai has expressed concern that the Indian judiciary has, in recent times, drifted away from the fundamental legal principle that "bail is the rule and jail is the exception". He stressed the importance of reinforcing the constitutional value of personal liberty.
Justice Gavai made these remarks while delivering the 11th Justice VR Krishna Iyer Memorial Law Lecture in Kochi. He highlighted the growing trend of prolonged incarceration of undertrials and the inclination of courts to prioritize custodial detention over granting bail. He noted that Justice Krishna Iyer was known for asserting the principle that "bail is the rule, and jail is the exception," a notion once considered unconventional.
The CJI recalled instances in 2024 where he had the opportunity to reiterate this legal principle in the cases of Prabir Purkayastha, Manish Sisodia, and Kavitha v. ED. These cases involved the arrests of individuals, including Puryakastha under the Unlawful Activities (Prevention) Act (UAPA) and Sisodia and Kavitha in connection with the alleged Delhi liquor scam. In these instances, the Supreme Court, with Justice Gavai on the bench, emphasized the importance of personal liberty within the criminal justice system, asserting that depriving someone of their freedom cannot be justified without strict adherence to legal safeguards. The Supreme Court also questioned the handling of these cases by the investigating agencies.
Quoting Justice Iyer's landmark ruling in Gudikanti Narasimhulu Vs State of Andhra Pradesh (1978), the CJI emphasized the need for judges to consider factors such as the time spent in jail and the likelihood of delays in appeals while deciding bail pleas. Justice Iyer had stated that "Heavy bail from poor man is obviously wrong. Poverty is society's malady and sympathy, not sternness, is the judicial response". Justice Gavai noted that Justice Iyer championed the idea that fundamental rights and directive principles are not antagonistic but symbiotic, both essential for the realization of socio-economic and political justice.
CJI Gavai shared that throughout his 22 years as a judge, he has strived to uphold Justice Krishna Iyer's commitment to socio-economic justice. He acknowledged Justice Iyer's role in pioneering Public Interest Litigation (PIL) as a tool to bridge the gap between constitutional ideals and the lived realities of fundamental rights, making justice more accessible. Justice Gavai also noted that Justice Iyer's influence stemmed from his unique values, unconventional approach, innovative methods, and the distinctive language and style of his judgments.
