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Time of India
21 hours ago
- Politics
- Time of India
'Bail rule, jail exception' principle forgotten in recent past, says CJI Gavai
CJI Gavai NEW DELHI: Chief Justice of India B R Gavai lamented that in the recent past, the principle of "bail is the rule, and jail is the exception" has been forgotten. Though judicial pronouncements over the decades have integrated this norm, it has not been implemented in true spirit in recent years, he said. Delivering the Justice V R Krishna Iyer Memorial Law Lecture in Kochi on Sunday, the CJI said he tried to reestablish the principle while granting bail in various cases, paving the way for high courts and lower courts to follow suit. "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," Justice Gavai said. Justice Iyer's contribution was immense in protecting the rights of marginalised communities, he said. The SC in recent years passed a series of orders to protect the rights of undertrial prisoners and held that delay in trial and long incarceration were grounds to grant bail even in serious offences under the PMLA and the UAPA, A, despite stringent bail conditions under the special laws. It opened the gate for bail to accused in money launder- ing and unlawful activities cases. The CJI also recalled Justice Iyer's strong opposition to undertrials being kept in jail for long periods without trial. In an important ruling in Aug last year, SC had held that the conventional idea of 'bail is the rule, jail is an exception' should be applicable not only to IPC offences but also to other offences for which special statutes have been enacted, such as UAPA, if the conditions prescribed under that law are fulfilled. SC in its various orders had appealed to HCs and lower courts to be liberal in granting bail and asked them not to hesitate in granting the relief in serious offences also if a case is made out for bail.
New Indian Express
2 days ago
- Politics
- New Indian Express
Justice Krishna Iyer's rulings were moral compasses: CJI Gavai
KOCHI: More than legal pronouncements, Justice V R Krishna Iyer's judgments were moral compasses infused with compassion, equity and deep constitutional insight, the Chief Justice of India, Justice Bhushan Ramkrishna Gavai, said on Sunday . Delivering the 11th Justice V R Krishna Iyer Memorial Law Lecture, on the 'Role of Justice V R Krishna Iyer in balancing fundamental rights and directive principles of state policy,' the CJI said, 'Justice Iyer was a poet in jurisprudence and a visionary in public life.' According to Justice Gavai, Justice Iyer saw the Constitution not as a legal document but as a dynamic instrument of social transformation. 'In doing so, he brought a unique blend of legal expertise, social awareness and moral commitment to his rulings.' 'He was a key figure in the evolution of legal thought. His influence is not only recorded in law reports but resonates in the heartbeat of constitutional democracy. He was unwavering in his efforts to achieve a harmonious balance between fundamental rights and directive principles of state policy,' Justice Gavai said. The CJI also shared his experience of meeting Justice Iyer at an event in Nagpur. 'Known for his remarkable jurisprudence and unwavering commitment to the marginalised, Justice Iyer was deeply connected to the cause of the people,' he said, adding that he has referred to Justice Iyer's judgments after he took oath as judge of the Bombay High Court and the Supreme Court. Organised by the Sarada Krishna Sadgamaya Foundation for Law and Justice, the event was presided over by Justice Nitin Madhukar Jamdar, the Chief Justice of Kerala. Justice Devan Ramachandran, the judge of the Kerala High Court spoke.
Hindustan Times
2 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.
The Hindu
2 days ago
- Politics
- The Hindu
CJI pays tribute to Justice Krishna Iyer
Jurist V.R. Krishna Iyer dedicated his life to upholding the values of social justice, human rights, and the empowerment of marginalised sections of society, recalled Chief Justice of India (CJI) B.R. Gavai. Delivering the Justice V.R. Krishna Iyer Memorial Law Lecture on his role in balancing fundamental rights and the directive principles of State policy, Mr. Gavai said the jurist was guided by a judicial philosophy marked by deep compassion and a strong commitment to social justice. He struck a harmony between fundamental rights and directive principles, which were enshrined in the Constitution, Mr. Gavai added. Mr. Iyer would be remembered for his unwavering commitment to the poor and underprivileged sections of society. The jurist played a key role in developing judicial activism through Public Interest Litigation (PIL) and consistently stood for affirmative action. He also upheld the rights of prisoners and ensured they were treated with dignity and compassion, said Mr. Gavai. In his address, Nitin Jamdar, Chief Justice, Kerala High Court, remembered Mr. Iyer as the voice of the voiceless. He said Mr. Iyer had excelled as a lawyer, jurist, Minister, and social reformer, and was also a crusader for civil liberties. Devan Ramachandran, Judge, Kerala High Court, said that Mr. Iyer democratised judicial remedies and gave birth to the concepts of PIL and epistolary jurisdiction. He exemplified devotion to human rights, drawing on international covenants and weaving them into Indian jurisprudence through hermeneutic humanism. K. Balakrishnan Nair and Sananad Ramakrishnan, president and secretary of the Sarada Krishna Satgamaya Foundation for Law and Justice, which organised the event, also spoke.
